JM vs. Supervisor of Special Education Montgomery County Intermediate Unit

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: J.M.

Date of Birth: [redacted]

Dates of Hearing:
April 21, 2010, June 15, 2010, June 16, 2010, July 8, 2010

CLOSED HEARING ODR No. 00825-0910AS

Parties to the Hearing: Parent[s]

Mr. Howard Levy
Supervisor of Special Education Montgomery County Intermediate Unit 1605 West Main Street
Norristown, PA 19403

Representative:

Liliana Yazno-Bartle, Esquire
Law Offices of Caryl Andrea Oberman Grove Summit Office Park
607A North Easton Road
Willow Grove, PA 19090

Timothy E. Gilsbach, Esquire Fox Rothschild LLP
10 Sentry Parkway, Suite 200 P. O. Box 3001

Blue Bell, PA 19422

Date Record Closed: July 27, 2010

Date of Decision: August 11, 2010

Hearing Officer: Cathy A. Skidmore, Esq.

INTRODUCTION AND PROCEDURAL HISTORY

Student1 is an early preschool-age eligible young child who resides within the geographic area served by the Montgomery County Intermediate Unit (hereafter “IU”). Student’s parents filed a due process complaint challenging the educational program offered to Student by the IU at the time of Student’s transition from the Infant/Toddler program to the Preschool program. Specifically, the parents sought reimbursement for tuition for Student to attend a private school program and related costs, as well as provision of consultative therapy services.

Four due process hearing sessions were conducted at which the parties presented evidence in support of their respective positions. For the reasons which follow, I find in favor of the parents and award reimbursement for tuition and transportation, and direct that the requested related services be provided to Student.

ISSUES

1. Whether the program offered by the IU was appropriate for Student;

2. If not, whether the parents are entitled to reimbursement for tuition and transportation expenses, and whether Student is entitled to physical and occupational therapy services.

J-M-Montgomery-County-Intermediate-Unit-ODRNo-00825-0910AS

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