LC vs. Bethlehem Area School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: LC

ODR #8432/07-08 LS ODR #8713/07-08 LS

Date of Birth: Xx/xx/xx

Dates of Hearing: April 4, 2008 June 2, 2008 June 9, 2008

CLOSED HEARING

Parties to the Hearing: Mr.
Ms.

Bethlehem Area School District 1815 Main Street
Bethlehem, Pennsylvania 18017

Representative:
Angela Uliana-Murphy, Esq. Murphy & Murphy
106 N. Franklin St. Suite 2 P.O. Box 97
Pen Argyl, Pennsylvania 18072

Kristine Marakovits-Roddick, Esq. King Spry Herman Freund & Faul One West Broad Street Suite 700 Bethlehem, Pennsylvania 18017

Date Closing Arguments Received: July 2, 2008

Date of Decision: July 17, 2008

Hearing Officer: Linda M. Valentini, Psy.D.

Background

Student is a seventeen year old eligible student who is a resident of the Bethlehem Area School District (hereinafter District). The parents (hereinafter Parents) filed for this hearing on January 11, 2008 seeking compensatory education for an alleged denial of FAPE and reimbursement for independent evaluations. On April 11, 2008 they filed an additional complaint seeking reimbursement for tuition and related costs for two private residential placements. The two requests were consolidated and this decision addresses both.

Issues

  1. Did the Bethlehem Area School District fail to offer Student a free appropriate public education? If not, is Student entitled to compensatory education, for what period(s) of time and in what kind?
  2. Is the Bethlehem Area School District responsible for reimbursing the Parents for the independent educational evaluation and private psychiatric evaluation they obtained for their child?
  3. Is the Bethlehem Area School District responsible for reimbursing the Parents for their child’s tuition at [redacted] Academy and/or [redacted] School, for expenses associated with enrollment in either or both schools, and for counseling and family workshops?
LC-Bethlehem-Area-ODRNo-8432-07-08-LS

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