KF vs. West Chester Area School District

IN THE PENNSYLVANIA OFFICE FOR DISPUTE RESOLUTION

FINAL DECISION AND ORDER

ODR File No. 2610-1112AS

CLOSED HEARING

Child’s Name: K.F.1 Date of Birth: [redacted]

Hearing Date(s):
02/06/2012, 03/07/2012, 03/12/2012, 05/01/2012, 05/16/2012, 06/11/2012, 07/30/2012, 08/01/20122

Parties to the Hearing

Parents

West Chester Area School District 829 Paoli Pike
West Chester, PA 19380

Representative

Lorrie McKinley, Esquire McKinley & Ryan, LLC 238 West Miner Street West Chester, PA 19382

David Painter, Esquire
Sweet, Sevens, Katz & Williams, LLP 331 East Butler Avenue
New Britain, PA 18901

Record Closed: 09/24/2012

Date of Decision: 10/05/2012

Hearing Officer: Brian Jason Ford

Introduction

The Parents requested the instant matter, raising claims that the District has violated the Student’s right to a free appropriate public education, as provided by the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. The Parents’ specific allegations and demands are detailed below.

Issues

As stated on the record, the only issue presented in this case is whether the Student was denied a free, appropriate public education (FAPE). (NT at 32). The Parents claim that the Student was denied a FAPE and seek various remedies for that alleged denial. More specifically:

  1. The Parents claim that the Student was denied a FAPE between December of 2009 and April of 2010 and demand four hours per day of compensatory education to remedy that denial.
  2. The Parents further claim that the Student was denied a FAPE between April of 2010 and the Student’s enrollment in a private school in February of 2012 and demand three hours per day of compensatory education to remedy that denial.
  3. The Parents further claim that the Student was denied a FAPE as a result of the District’s failure to provide appropriate extended school year (ESY) services in the summer of 2010, and demand 1.5 hours per day of compensatory education to remedy that denial.
  4. The Parents further claim that the District must reimburse the cost of the Student’s tuition at a private school as a result of its failure to make appropriate programming available during the 2011-2012 school year and thereafter.

K-F-West-Chester-Area-ODRNo-2610-1112AS

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