Pennsylvania
Special Education Hearing Officer
DECISION
Student’s Name: K.A.
Date of Birth: [Redacted]
ODR No. 2694-11-12-KE
CLOSED HEARING
Parties to the Hearing: Parents
Hatboro-Horsham School District 229 Meetinghouse Road Horsham, PA 19044
Representative: Pro Se
Sharon W. Montanye, Esquire
Sweet, Stevens, Katz & Williams,LLP 331 Butler Avenue, P.O. Box 5069 New Britain, PA 18901
Dates of Hearing: March 27, 2012, April 3, 2012, May 3, 2012, May 8, 2012, May 9, 2012
Record Closed: June 8, 2012
Date of Decision: June 22, 2012
Hearing Officer: William F. Culleton, Jr., Esq., CHO
INTRODUCTION AND PROCEDURAL HISTORY
The Student named in the title page of this decision (Student) is an eligible resident of the school district named in the title page of this decision (District). (NT 11-13.) The District has identified Student with Other Health Impairment and Specific Learning Disability. (NT 11-13.) Parents assert, (P-39), that the District has failed to provide the Student with a free appropriate public education (FAPE), as required by the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). Parents seek compensatory education for a period beginning in September 2005 until February 2, 2010 (P-39; S-15); Parents also seek tuition reimbursement, both for private school placement from February 3, 2010 to date, (S-15), and for private occupational therapy services, (P-39).
The District raises two defenses: first, that the IDEA statutory limitation of actions (SOL) bars Parent from raising Parent’s claims for most of the period claimed; second, that the District offered appropriate services for the period of time not barred by the SOL.
The hearing was concluded in five sessions. The parties submitted written summations, and the record closed upon receipt of those summations. On the record, (NT 830-848), I ruled that the SOL precludes all claims for any action or inaction of the District prior to the date, December 30, 2009,1 that is two years before the date of filing.
ISSUES
- Did the District fail to identify all of Student’s educational needs during the time relevant to this matter for compensatory education purposes, December 30, 2009 to February 2, 2010?2
- Did the District fail to offer or provide a FAPE to Student from December 30, 2009 until the last day of hearings in this matter, May 9, 2012?3
- Should the hearing officer order the District to provide compensatory education for all or part of the time relevant to this matter for compensatory education purposes?
- Were the two private placements, in which Parents enrolled Student from February 3, 2010 until the present, appropriate?
- Should the hearing officer order the District to pay private school tuition, transportation, book costs and associated fees for Student from February 3, 2010 to the last day of hearings in this matter, May 9, 2012?
- Should the hearing officer order the District to reimburse Parents for any fees or costs incurred due to private payment for occupational therapy services?