JM vs. Wallingford-Swarthmore


Student’s Name: JM

Date of Birth: xx/xx/xx

Dates of Hearing: March 1, 13 and 19, 2007

Type of Hearing: Closed

ODR #: 7198/06-07 LS



School District: Wallingford-Swarthmore

District Representative: A. Kyle Berman, Esquire

Parent Representative: Alan Yatvin, Esquire

Date Last Transcript Received: March 26, 2007

Date of Decision: April 3, 2007

Hearing Officer: Ambrose Finnegan, Ed.D.

Background Information

The student is a xx year, 10th grade aged resident of the District. The student has an extensive history of learning and psychiatric issues. She attended school in the District for 9th grade, but is presently attending a private school in [state redacted].

A resolution meeting was held on November 18, 2006, but the parties ultimately elected to pursue due process.

The parent initiated these proceedings and is requesting tuition reimbursement and compensatory education for the student.


  1. Was the student offered FAPE during the period between December 2004 and June 2006?
  2. Did the proffered IEP in June 2006 provide the student FAPE?
  3. Is the student’s placement at the School in [state redacted] for the 2006-2007 school year an appropriate placement?
  4. Is the student entitled to tuition reimbursement for placement at the School for the 2006-07 school year as well as for ESY placement at the facility during the summer of 2006?
  5. Is the student entitled to any compensatory education due to FAPE not being provided her during the period between December 2004 and June 2006?

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