JT vs. Palisades School District

Decision

Due Process Hearing for JT

Date of Birth: xx/xx/xx

File Number: 7870/07-08LS

Dates of Hearings: January 7, 2008; January 23, 2008; March 6, 2008; March 14, 2008

CLOSED HEARING

Parties:
Mr. and Mrs.

Palisades School District 39 Thomas Free Drive Kitnersville, PA 18930

Representatives: Frederick Stanczak, Esq. 179 North Broad St Doylestown, PA 18901

Sharon Montayne, Esq.
331 Butler Avenue, PO Box 5069 New Britain, PA 18901

Date Transcript Received: March 22, 2008

Date Closing Arguments Received: April 7, 2008

Date of Decision: April 22, 2008

Hearing Officer: David F. Bateman, PhD

I. BACKGROUND

Student is a xx-year-old student in the Palisades School District. The main dispute for this Hearing was his eligibility for services. The Parents allege eligibility for Section 504/IDEA and a specific learning disability. As a result of this Hearing they are seeking reimbursement for an independent educational evaluation, compensatory education for a denial of a free appropriate public education, and eligibility for services under the Individuals with Disabilities Education Act and Section 504/Chapter 15.

Student is currently eligible for special education and related services as a student with a learning disability. From March 2006 to March 2007 he received no special education and received A ’ s and B’ s in the regular education classroom. In March 2007 the District completed a reevaluation report and found Student no longer eligible for special education and related services.

This Hearing was delayed multiple times due to scheduling problems, hiring of an attorney, change in attorneys, and problems with witness availability.

III. ISSUES PRESENTED

1. Are Parents entitled to reimbursement for an independent educational evaluation?

2. Is Student an eligible student under the Individuals with Disabilities Education Act?

3. Is Student an eligible student under Chapter 15/Section 504 of the Rehabilitation Act?

4. Is Student eligible for compensatory education for inappropriate services for a denial of a free appropriate public education for the past two school years?

JT-Palisades-ODRNo-7870-07-08LS

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