MD vs. School District Downingtown Area

Pennsylvania
Special Education Hearing Officer

DECISION
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

CLOSED HEARING

Parties to the Hearing:

Parents Parents

School District Downingtown Area
540 Trestle Place Downingtown, PA 19335

Representative:

Parent Attorney
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.

ISSUES

  1. Did the School District offer an appropriate IEP to Student for the fifth grade (2011/2012 school year?
  2. Did the School District offer an appropriate IEP in accordance with all procedural and substantive requirements for the sixth grade (2012/2013) school year?
  3. If not, are Parents entitled to tuition reimbursement for the fifth grade and/or sixth grade school year?
  4. Should the District be required to reimburse the Parents for an IEE that they obtained during the summer of 2012?
M-D-Downingtown-Area-ODRNo-13126-1213-KE

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.