KP vs. Dallastown Area School District

IN THE OFFICE FOR DISPUTE RESOLUTION DECISION

CLOSED HEARING1

ODR No. 01513-1011 AS

Child’s Name: K.P. Child’s

Date of Birth: [redacted]

Hearing Dates: November 2, 8 and 12, 2010

Record Closed: December 30, 2010

Date of Decision: January 14, 2011

Parties to the Hearing: Parent[s]

Dallastown Area School District 700 New School Lane Dallastown, PA 17313 Respondent

Representative:

Mark W. Voigt, Esquire
Law Office of Mark W. Voigt Plymouth Meeting Executive Campus 600 West Germantown Pike
Suite 400
Plymouth Meeting, PA 19462

Stephen S. Russell, Esquire
Stock and Leader, Attorneys at Law Susquehanna Commerce Center East Suite 600
221 West Philadelphia Street
York, PA17401

Hearing Officer: Brian Jason Ford

Introduction and Procedural History

On August 31, 2010, [Parents] (collectively, Parents), on their own behalf and on behalf of their child, [Student] (Student), requested a special education due process hearing against the Dallastown Area School District (District). The request was made through the submission of a Due Process Compliant Notice (Complaint), alleging violations of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (IDEA) and its federal and state implementing regulations. A due process hearing was originally scheduled for October 21, 2010, but was continued. Hearing sessions convened on November 2, 8 and 12, 2010. After the hearing, I granted joint requests for a brief extension to file written closing statements. My receipt of those statements on December 30, 2010, constituted the close of the record. It is not contested that the Student is a student with a disability as defined by the IDEA, and is therefore entitled to a free appropriate public education (FAPE). During the first hearing session, the specific issues to be decided were clarified:2

  1. Should the Student be identified as having a specific learning disability in the area of math and apraxia?3
  2. Is the Student entitled to three hours per day of compensatory education for each day of the 2008-2009 and 2009-2010 school years, stemming from an alleged denial of FAPE for that period of time?
  3. Is the Student entitled to additional compensatory education for the District’s alleged failure to offer extended school year (ESY) services for the summers of 2009 and 2010?
  4. Are the Parents entitled to reimbursement for tuition incurred during the 2010-2011 school year when they placed the student in an out-of-state, residential private school?
  5. Are the Parents entitled to reimbursement for the cost of independent educational evaluation (IEE)?
K-P-Dallastown-Area-ODRNo-01513-1011-AS

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