LG vs. School District Central York

INTRODUCTION AND PROCEDURAL HISTORY

Student in this case had been diagnosed with pervasive developmental disorder (PDD) in early childhood and received pre-school special education services. Upon enrolling in the District for kindergarten, Student was IDEA eligible based upon diagnoses of autism and speech/language impairment. During the 2009/2010 school year, when Student transitioned to an intermediate level elementary school, Parents became particularly concerned about Student’s lack of academic and social progress, as well as increasing anxiety. After Student completed a summer reading program in the summer of 2010 at a private school, Parents enrolled Student in the private school for the 2010/2011 school year and filed a due process complaint to seek reimbursement for summer and school year tuition. Parents also requested reimbursement for a private psycho-educational evaluation they obtained in the late summer of 2010 and compensatory education for the 2009/2010 school year.

The evidence compiled over the course of five hearing sessions between the beginning of February and the beginning of April 2011 supported Parents’ claims for the most part. Accordingly, based upon the findings of fact and discussion below, Parents will be awarded reimbursement and Student will be awarded compensatory education for the District’s failure to provide Student with an appropriate special education program during the 2009/2010 school year, failure to offer an ESY program for the summer of 2010, and failure to offer an appropriate program designed to meet all of Student’s needs and reasonably calculated to lead to meaningful progress for the 2010/2011 school year. Parents’ claim for reimbursement for the IEE will, however, be denied because it does not meet the IDEA legal standard for a publicly funded IEE under the circumstances presented by this case.