KK vs. Middletown Area School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: K.K.

Date of Birth: [redacted]

Dates of Hearing: August 20, 2010 September 9, 2010 May 3, 2011 May 6, 2011

CLOSED HEARING

ODR File No. 01129-0910KE

Parties to the Hearing: Parent[s]

Middletown Area School District 55 West Water Street Middletown, PA 17057

Representative:

Jennifer M. L. Bradley, Esquire McAndrews Law Office, P.C. 1105 Berkshire Blvd. Suite 320 Wyomissing, PA 19610

David F. Conn, Esquire
Sweet, Stevens, Katz & Williams LLP 331 E. Butler Avenue
P. O. Box 5069
New Britain, PA 18901

Date Record Closed: May 26, 2011

Date of Decision: June 7, 2011

Hearing Officer: Cathy A. Skidmore, M.Ed., J.D.

INTRODUCTION AND PROCEDURAL HISTORY

Student1 is a high-school aged student in the Middletown Area School District (hereafter District) who is eligible for special education and related services. Student’s Parents filed a due process complaint under both the Individuals with Disabilities Education Act (IDEA)2 and Section 504 of the Rehabilitation Act of 1973 (Section 504),3 as well as Chapters 14 and 15 of the Pennsylvania Code,4 challenging the educational program provided to Student by the District from the beginning of the 2005-06 school year through the present. As remedies, they sought compensatory education, reimbursement for expenses incurred for private tutoring, and an independent educational evaluation (IEE).

The hearing initially convened over two sessions to address the District’s motion to limit the scope of the Parents’ claims and the issue of the IEE. On October 23, 2010, this hearing officer determined that the Parents would be permitted to present evidence of their claims from May 18, 2008 forward, and also ordered an IEE at public expense.5 The parties obtained an IEE of Student, and the hearing thereafter continued over two additional sessions. For the reasons which follow, I find in favor of the Parents.

ISSUES

Whether the District provided a free, appropriate public education (FAPE) to Student; and, If it did not, is Student entitled to compensatory education and, if so, in what amount; and, are the Parents entitled to reimbursement for private tutoring?

K-K-Middletown-Area-ODRNo-01129-0910KE

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