Special Education Hearing Officer
DECISION Child’s Name: L.L.
Date of Birth: [redacted]
Dates of Hearing:
November 18, 2013 November 19, 2013 November 20, 2013 February 20, 2014
ODR Case #14096-1314KE
Parties to the Hearing: Parent[s]
Pennsbury School District 134 Yardley Avenue
P.O. Box 338
Fallsington, PA 19058
Frederick Stanczak, Esquire 179 North Broad Street
Doylestown, PA 18901
Sarah Davis, Esquire Suite 200
10 Sentry Parkway P.O. Box 3001
Blue Bell, PA 19422
Date Record Closed: March 10, 2014
Date of Decision: March 25, 2014
Hearing Officer: Jake McElligott, Esquire
INTRODUCTION AND PROCEDURAL HISTORY1
Student is an elementary school age student residing in the Pennsbury School District (“District”). The parties agree that the student qualifies under the terms of the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEA”)2, specifically as a student with a health impairment.
Parents allege that the District denied the student a free appropriate public education (“FAPE”) as the result of inappropriate programming for the 2012-2013 school year and that the student’s proposed programming for the 2013-2014 was also inappropriate. As a result of these allegations, parents claim that compensatory education should be awarded for the 2012-2013 school year and that the parents are entitled to reimbursement for privately-financed homeschooling services for the student in the 2013-2014 school year.
The District counters that, in the 2012-2013 school year, it met its obligations under the IDEA and provided the student with FAPE. Further, it asserts that the program proposed for the 2013-2014 school year is appropriate. As such, the District argues that no remedy is owed to the student and family.
For the reasons set forth below, I find in favor of the District.
Was the student provided with FAPE in the 2012-2013 school year?
Was the program proposed by the District for the 2013-2014 school year appropriate?
If the answers to either or both of these questions are in the negative,
what remedies are available to the student?