MB vs. Franklin Regional School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: M.B.

Date of Birth: [redacted]

Dates of Hearing: January 7, 2010 February 1, 2010 April 1, 2010 April 15, 2010

CLOSED HEARING

ODR No. 00500-0910-KE

Parties to the Hearing: Parent[s]

Mr. Ronald Tarosky
Director of Special Education Franklin Regional School District 3210 School Road
Murrysville, PA 15668

Representative:

Pamela Berger, Esquire 434 Grace Street Pittsburgh, PA 15211

Patricia Andrews, Esquire
Andrews & Price
1500 Ardmore Boulevard, Suite 506 Pittsburgh, PA 15221

Date Record Closed: May 17, 2010

Date of Decision: June 1, 2010

Hearing Officer: Cathy A. Skidmore

INTRODUCTION AND PROCEDURAL HISTORY

Student1 is an elementary school-aged student residing in the Franklin Regional School District. Student is eligible for special education by reason of a specific learning disability. The parents requested a due process hearing by a complaint filed on November 23, 2009 in which they claimed that the District had denied Student a free, appropriate public education (FAPE) for the two year period immediately preceding the complaint, and also sought prospective relief in the form of development of an appropriate individualized education program (IEP) and an assistive technology evaluation, as well as reimbursement for an independent educational evaluation (IEE). The District asserted that it has provided FAPE to Student and that the parents are not entitled to reimbursement for the IEE.

A due process hearing was convened over four sessions,2 concluding on April 14, 2010, and the record closed on May 17, 2010. For all of the following reasons, I find in favor of the parent on the denial of FAPE and compensatory education claims, and in favor of the District regarding reimbursement for the IEE and the request for an assistive technology evaluation.

ISSUES

1. Whether the District has provided FAPE to Student over the two-year period preceding the filing of the due process complaint (i.e., from November 23, 2007) through the present, and, if not, whether Student is entitled to compensatory education;

2. Whether the parents are entitled to reimbursement for an IEE;

3. Whether the District should conduct an assistive technology evaluation of Student in order to fully assess Student’s needs.

M-B-Franklin-Regional-ODRNo-00500-0910-KE

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