PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
5657/05-06 KE
File Number
KG
Child’s Name
Xx/xx/xx
Date of Birth
9/09/09, 9/30/05, 10/19/05
Dates of Hearing/Deposition
Closed
Type of Hearing
For the Student:
Frederick M. Stanczak, Esq.
Law Offices of Frederick M. Stanczak 179 North Broad Street, 2nd Floor Doylestown, PA 18901
For the North Penn School District:
North Penn School District 401 E. Hancock Street Lansdale, PA 19446-3961
Gina K. DePietro, Esq.
Sweet, Stevens, Tucker & Katz P.O. Box 5069
331 Butler Avenue
New Britain, PA 18901
Date of Last Hearing/Deposition: October 19, 2005
Receipt of Last Transcript: October 24, 2005
Date Record was Closed: October 24, 2005
Date of Decision: November 8, 2005
Hearing Officer: Daniel J. Myers
BACKGROUND
Student is a xx year old resident of the North Penn School District (School District) attending the Private School for the current school year. Arguing that the School District has denied Student a free and appropriate public education (FAPE) for the last three years in public school, Students seeks an award of compensatory education services, and her parents seek reimbursement for this year’s private school tuition as well as for two privately secured evaluation reports. For the reasons described below, I award tuition reimbursement and 444 hours of compensatory education, and I deny reimbursement of the evaluation reports.
ISSUES1
- Whether or not the School District’s proposed IEP for 2005-2006 is appropriate?
- Whether or not Student’s parents are entitled to tuition reimbursement?
- Whether or not Student’s parents are entitled to reimbursement for two independent evaluations? and
- Whether or not Student is entitled to compensatory education for the 2003-2004 and 2004-2005 school years, assuming that mitigating circumstances warrant extending the Montour date beyond May 19, 2004?