PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
DECISION
DUE PROCESS HEARING
Name of Student: J.T.
ODR #14384/13-14 AS
Date of Birth:
[redacted]
Date of Hearing: November 25, 2013
CLOSED HEARING
Parties to the Hearing: Parent[s]
Marple Newtown School District 40 Media Line Road
Newtown Square, PA 19073
Representative:
Dean Beer, Esquire McAndrews Law Offices 30 Cassatt Avenue Berwyn, PA 19312
Mark Walz, Esquire
Sweet, Stevens Katz and Williams 331 E. Butler Avenue
New Britain, PA 18901
Date Record Closed: January 11, 2014
Date of Decision: January 21, 2014
Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official
Background
Student1 is a recent graduate of the District who at all times relevant to the matter in dispute was eligible for special education under the disability category of an Other Health Impairment (OHI), specifically Attention Deficit/Hyperactivity Disorder [ADHD]. The Parent brought this action under the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973 as well as Chapters 14 and 15 of the Pennsylvania Code alleging that the District failed to offer Student a free appropriate public education [FAPE] by not addressing all Student’s needs, including organization, focus and transition2.
Issue
Did the District fail to offer Student a free appropriate public education during the period from October 18, 2011 to the date of graduation in June 20133 4 by failing to address Student’s needs such that Student could make meaningful educational progress?
J-T-Marple-Newtown-ODRNo-14384-13-14-AS