LB vs. Delaware County IU

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: L.B.

Date of Birth: [redacted]

ODR No. 1765/10-11-AS

CLOSED HEARING

Parties to the Hearing: Parent[s]

Delaware County IU 200 Yale Avenue Morton, PA 19070

Representative:
Dean Beer, Esquire McAndrews Law Offices 30 Cassatt Avenue Berwyn, PA 19312

Gabrielle Sereni, Esquire Raffaele & Puppio
19 West Third Street Media, PA 19063

Date of Hearing: June 8, 2011

Record Closed: July 12, 2011

Date of Decision: July 22, 2011

Hearing Officer: William F. Culleton, Jr., Esquire

INTRODUCTION AND PROCEDURAL HISTORY

Child is an eligible resident in the area served by the Delaware County Intermediate Unit, and is attending a private typical preschool program. [NT 8; IU-17]1 Child is identified with developmental delays secondary to a diagnosis of Down Syndrome pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). [NT 8] The Parents filed the present due process request under the IDEA and Section 504 of the Vocational Rehabilitation Act, 20 U.S.C. §794. (Section 504) seeking tuition reimbursement for their placement of Child in the typical preschool. The IU asserts that it is not required to fund the setting for its Early Intervention (EI) services.

The hearing was conducted in one session and the record closed upon receipt of written summations. I conclude that the IU is not obligated to reimburse Parents for tuition for the 2009- 2010 and 2010-2011 years.

ISSUES

  1. Was the program of EI services offered by the IU inappropriate because the IU did not provide funding for the typical preschool program?
  2. Was the typical preschool program chosen by the Parents appropriate?
  3. Does the balance of equities favor Parents’ request?
  4. Should the hearing officer order tuition reimbursement as requested?2
L-B-Delaware-County-ODRNo-1765-10-11-AS

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