LV vs. Colonial School District

Decision

Due Process Hearing for L.V.

Date of Birth: [redacted]

File Number: 6721/05-06

Dates of Hearings:
August 14, 2006; September 13, 2006

CLOSED HEARING

Parties: Parent[s]

Ms. Cassandra DeLong Colonial School District
230 Flourtown Rd
Plymouth Meeting, PA 19462

Representatives:
Heidi Konkler-Goldsmith, Esq 30 Cassatt Avenue
Berwyn, PA 19312

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

Date Transcript Received: September 20, 2006

Date Closing Response Received: October 16, 2006

Date of Decision: October 27, 2006

Hearing Officer: David F. Bateman, PhD

I. BACKGROUND

[Student] is [a late-teenaged] resident of the Colonial School District (hereinafter District) eligible for special education and related services as a student with a learning disability and emotional disturbance. During the 2004-2005 school year [Student] attended private placements as a result of a settlement agreement. That settlement agreement provided for a waiver of all claims from June 4, 2003 to June 30, 2005. The Parents requested the present Hearing seeking tuition reimbursement for the time period of July 1, 2005 through July 31, 2005 at the [redacted] School and compensatory education for a denial of a free appropriate public education for the 2005-2006 school year.

In August 2005 the Parents told the District they were enrolling [Student] in a private placement for the 2005-2006 school year, and [Student] did not receive educational services (other than tutoring) from the District for the period in question, nor was an IEP offered. The Parents contend [Student] is due compensatory education due to a lack of an IEP, and the District alleges the Parents failed to establish a legal basis for their claims and that no relief is warranted.

II. ISSUES PRESENTED

Is [Student] eligible for tuition reimbursement for the period of July 1, 2005 to July 31, 2005 to the [redacted] School?

Is [Student] due compensatory education for denial of a free appropriate public education for the 2005-2006 school year?

L-V-Colonial-ODRNo-6721-05-06

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