Special Education Hearing Officer
ODR No. 13126-1213 KE
Child’s Name: M.D.
Date of Birth: [redacted]
Dates of Hearing: 4/8/13, 4/24/13, 5/1/13, 5/22/13
Parties to the Hearing:
School District Downingtown Area
540 Trestle Place Downingtown, PA 19335
Lorrie McKinley, Esquire McKinley & Ryan, LLC 16 West Market Street West Chester, PA 19382
School District Attorney
Andrew Faust, Esquire
Sweet, Stevens, Katz & Williams 331 Butler Avenue, P.O. Box 5069 New Britain, PA 18901
Date Record Closed: May 22, 2013
Date of Decision: June 12, 2013
Hearing Officer: Anne L. Carroll, Esq.
INTRODUCTION AND PROCEDURAL HISTORY
Student, who is IDEA eligible due to a specific learning disability in reading, resides within the boundaries of the School District. For the past two years, however, Student was enrolled in a private school selected by Parents, who initiated the complaint in this case to obtain tuition reimbursement for the 2011/2012 and 2012/2013 school years. Parents are also requesting reimbursement for an independent educational evaluation (IEE) they obtained in the spring of 2012.
After a settlement was reported in February 2013, the case was provisionally closed for 60 days. Because a final agreement was not satisfactorily completed, however, the case was reinstated at Parents’ request and proceeded to a hearing, which was conducted over 4 sessions in April and May 2013. For the reasons explained below, Parents claims are denied.
- Did the School District offer an appropriate IEP to Student for the fifth grade (2011/2012 school year?
- Did the School District offer an appropriate IEP in accordance with all procedural and substantive requirements for the sixth grade (2012/2013) school year?
- If not, are Parents entitled to tuition reimbursement for the fifth grade and/or sixth grade school year?
- Should the District be required to reimburse the Parents for an IEE that they obtained during the summer of 2012?