JH VS. Tredyffrin-Easttown School District

Pennsylvania
Special Education Hearing Officer

DECISION

Student’s Name: J.H.

Date of Birth: [redacted]

ODR No. 14495-13-14-KE

CLOSED HEARING

Parties to the Hearing: Parent[s]

Tredyffrin-Easttown School District 940 West Valley Road Administration Office – Suite 1700 Wayne, PA 19807

Representative:

Vivian B. Narehood, Esquire Gibbel, Kraybill & Hess, LLP. 41 East Orange Street Lancaster, PA 17602

Lawrence D. Dodds, Esquire Wisler Pearlstine, LLC
Blue Bell Executive Campus 460 Norristown Road, Suite 110 Blue Bell, PA 19422

Dates of Hearing: January 23, 2014; February 28, 2014; March 19, 2014; March 20, 2014; April 3, 2014

Record Closed: April 25, 2014

Date of Decision: May 19, 2014

Hearing Officer: William F. Culleton, Jr., Esquire

INTRODUCTION AND PROCEDURAL HISTORY

The student in this matter (Student)1 moved to the respondent school district (District)2 on June 18, 2012. (NT 49; S 9.) On the next day, Parents3 enrolled Student [redacted] for the 2012-2013 school year. (S 9.) Student is identified with Autism and Speech or Language Disorder pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). (NT 8.) Parents requested due process under the IDEA, alleging that the District failed to provide Student with an appropriate educational program and placement in the least restrictive environment, and that the District failed to instruct Student at an appropriate instructional level. 4 Parents request an order that the District send out referrals to approved private schools, and that it provide compensatory education to Student. The District asserts that it has provided an appropriate program and placement.

The hearing was completed in five sessions, and the record closed upon receipt of written summations. I conclude that the District complied with the IDEA.

ISSUES

1. Did the District provide Student with an appropriate program and placement during the period of time from June 18, 2012 to January 23, 2014?

2. Did the District appropriately provide Student with placement in the least restrictive environment during the period of time from June 18, 2012 to January 23, 2014?

3.Should the hearing officer order the District to refer Student to an approved private school for the 2014-2015 school year?

4.Should the hearing officer order the District to provide compensatory education to Student for all or any part of the period of time from June 18, 2012 to January 23, 2014?

J-H-Tredyffrin-Easttown-ODRNo-14495-13-14-KE

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