KT vs. Upper Moreland School District

Decision

Due Process Hearing for K.T.

Date of Birth: xx/xx/xx

File Number: 5702/05-06

Dates of Hearings:
October 7, 2005; November 14, 2005; November 16, 2005; November 21, 2005; December 22, 2005

CLOSED HEARING

Parties: Parent(s)

Upper Moreland School District 2900 Terwood Road
Willow Grove, PA 19090-1431

Representatives:
David G.C. Arnold, Esq.
Suite 109, Royal Plaza Building 915 Montgomery Avenue Narbeth, PA 19072

Hollie John, Esq.
PO Box 5069
331 Butler Ave
New Britain, PA 18901

Date Transcript Received: December 28, 2005

Date Closing Response Received: December 29, 2005

Date of Decision: January 9, 2006

Hearing Officer: David F. Bateman, PhD

I. BACKGROUND

Student is an xx old resident of the Upper Moreland School District (hereinafter District) eligible for special education and related services as a student with autism and pervasive developmental disorders. The Parents requested the present Hearing seeking compensatory education for a denial of a free appropriate public education for the 2003-2004 school year, and tuition reimbursement for the 2005-2006 school year for the [Private] School. Student attended the [Private] School for the 2004-2005 school year but the Parents are not seeking tuition reimbursement for that year. The District alleges the desire by the Parents for Student to attend the [Private] School is a dispute over methodology, their program is appropriate, and the District placement is the least restrictive environment. The District stated it has at all times satisfied the requirements of the IDEA and has offered an appropriate program for Student.

III. ISSUE PRESENTED

Was Student provided a free appropriate public education for the 2003-2004 school year?

Is Student eligible for tuition reimbursement for the 2005-2006 school year to the [Private] School?

K-T-Upper-Moreland-ODRNo-5702-05-06

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