KD vs. Downingtown Area School District

Pennsylvania
Special Education Hearing Officer

FINAL DECISION AND ORDER

Student’s Name: K. D.

Date of Birth: [redacted]

ODR No. 16186-1415KE

CLOSED HEARING

Parties to the Hearing: Parent[s]

Downingtown Area School District 540 Trestle Place
Downingtown, PA 19335

Representative:

Catherine Merino Reisman, Esq. Reisman, Carolla, Gran, LLP
19 Chestnut Street
Haddonfield, New Jersey 08033

Karl A. Romberger, Jr., Esq.
Sweet Stevens Katz & Williams, LLP 331 Butler Avenue
Post Office Box 5069
New Britain, Pennsylvania 18901

Dates of Hearing: 09/21/2015, 11/12/2015, 11/24/2015

Record Closed: 12/18/2015

Date of Decision: 01/04/2016

Hearing Officer: Brian Jason Ford

Introduction

Parents allege that the Downingtown Area School District (District) violated the educational rights of their child (Student), and seek compensatory education for the period of time that the Student attended the District and tuition reimbursement thereafter. The Parents’ claims arise under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.; Section 504 of the Rehabilitation Act of 1973 (Section 504), 34 C.F.R. Part 104.4.; and the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, et seq.

Issues

  1. Did the District violate the Student’s right to a free appropriate public education (FAPE) from the start of the 2011-12 school year through December 31, 2014 and, if so, is compensatory education owed to the Student?
  2. Are the Parents owed tuition reimbursement from January 1, 2015 through the end of the 2014-15 school year, the summer of 2015, and the 2015-16 school year?
K-D-Downingtown-Area-ODRNo-16186-1415KE

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