JJ vs. Coatesville Area School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: J.J.

Date of Birth: [redacted]

ODR No. 18479-16-17-KE

CLOSED HEARING

Parties to the Hearing: Parent[s]

Coatesville Area School District 3030 C.G. Zinn Road Thorndale, PA 19372

Representative:

Michael J. Connolly, Esquire McAndrews Law Offices, PC 30 Cassatt Avenue
Berwyn, PA 19312

Anne E. Hendricks, Esquire Levin Legal Group, PC
1301 Masons Mill Business Park 1800 Byberry Road, Suite 1301 Huntingdon Valley, PA 19006

Dates of Hearing: February 6, 2017; April 24, 2017; May 8, 2017

Date of Decision: May 25, 2017

Hearing Officer: William F. Culleton, Jr., Esq., CHO

INTRODUCTION AND PROCEDURAL HISTORY

The child named in this matter (Student)1 is a resident of the District named in this matter (District), and is enrolled currently in a District middle school. (NT 6-7; P 11 p. 12.) The District has classified Student under the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA) as a child with the disability of Other Health Impairment. (NT 6-7.)

Parents assert that the District failed to offer Student a free appropriate public education (FAPE) during a relevant period encompassing part of Student’s sixth-grade year, starting January 27, 2016, and part of Student’s seventh grade year, until the last hearing date in this matter, May 8, 2017. Parents assert Student’s right to a FAPE pursuant to the IDEA, section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 (section 504), and the respective implementing regulations. Parents request an order that the District provide Student with compensatory education for the relevant period, and an order that the District provide Student with appropriate educational services going forward. The District asserts that it has offered and provided a FAPE at all relevant times.

The hearing was completed in three sessions. I have determined the credibility of all witnesses and I have considered and weighed all of the evidence of record. I conclude that the District has offered and provided a FAPE to Student at all relevant times, and I therefore dismiss Parents’ claims.

ISSUES

  1. Did the District offer and provide a FAPE to Student during the relevant period from January 27, 2016 to May 8, 2017, in compliance with the IDEA and section 504?
  2. Should the hearing officer order the District to provide Student with compensatory education on account of all or any part of the relevant period?
  3. Should the hearing officer order the District to provide Student with educational services for the remainder of Student’s current school year or for Student’s next school year, the 2017-2018 school year?
J-J-Coatesville-Area-ODRNo-18479-16-17-KE

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