Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: M. H.
Date of Birth: [redacted]
Dates of Hearing: August 7, 2014 September 26, 2014 September 29, 2014 October 3, 2014
CLOSED HEARING
ODR Case # 15199-1415AS
Parties to the Hearing: Parent[s]
Methacton School District 1001 Kriebel Mill Road Norristown, PA 19403
Representative:
Mark Voigt, Esquire
Plymouth Meeting Executive Campus 600 West Germantown Pike
Suite 400
Plymouth Meeting, PA 19462
Christina Stephanos, Esquire Sweet Stevens
331 Butler Avenue
New Britain, PA 18601
Date Record Closed: November 10, 2014
Date of Decision: November 25, 2014
Hearing Officer: Jake McElligott, Esquire
INTRODUCTION
Student is a [teen age] student residing in the Methacton School District (“District”). The parties do not dispute whether the student qualifies as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEA”)1. Parent claims that the District owes the parent tuition reimbursement for a unilateral private placement undertaken for the 2014-2015 school year because the District’s proposed program and placement was not designed to provide a free appropriate public education (“FAPE”) to the student.
The District counters that its program and placement proposed for the 2014-2015 school year are reasonably calculated to provide FAPE to the student and, as such, parent is not entitled to tuition reimbursement or compensatory education for alleged violations of IDEA.
For the reasons set forth below, I find in favor of the parent.
ISSUES
Is the parent entitled to tuition reimbursement for the unilateral private placement undertaken for the 2014-2015 school year?
M-H-Methacton-ODRNo-15199-1415AS