Pennsylvania
Special Education Hearing Officer
DECISION
Student’s Name: M.K.
Date of Birth: [redacted]
ODR No. 13276-12-13-KE
OPEN HEARING
Parties to the Hearing: Parent
Quakertown Community Sch. Dist. 100 Commerce Drive
Quakertown, PA 18951
Representative:
Mark W. Voigt, Esquire
Law Office of Mark W. Voigt Plymouth Meeting Executive Campus 600 West Germantown Pike, Suite 400 Plymouth Meeting, Pa 19462
Christina M. Stephanos, Esquire Sweet, Stevens, Katz & Williams 331 East Butler Avenue
New Britain, PA 18901
Dates of Hearing: January 8, 2013; February 13, 2013; February 14, 2013
Record Closed: March 11, 2013
Date of Decision: March 26, 2013
Hearing Officer: William F. Culleton, Jr., Esquire
INTRODUCTION AND PROCEDURAL HISTORY
The student named in the title page of this decision (Student) is an eligible resident of the school district named in the title page of this decision (District), and attended a District elementary school during the period relevant to this matter, until Parent unilaterally removed student from the District in November 2012, and placed Student in a private school (School). (NT 8-9.) Student is identified as a child with a disability pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA), in the categories of Other Health Impairment and Speech or Language Impairment. (NT 9; S 7, 14.)
Parent named in the title page of this decision (Parent) requested due process alleging that the District failed inappropriately to identify Student with Specific Learning Disability pursuant to the IDEA and failed to provide a free appropriate public education (FAPE) as required by the IDEA and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 (section 504). Parent sought compensatory education, reimbursement of tuition and books at the School, and reimbursement of the cost of two private psychological evaluations.
The hearing was completed in three sessions. The record closed upon receipt of written summations.
ISSUES
- Did the District fail inappropriately to identify Student as a child with a specific learning disability?
- Did the District fail to offer or provide Student with a FAPE from November 17, 2010 to February 14, 20131, including failing to provide needed Extended School Year (ESY) services during the summers of 2011 and 2012
- Was the School an appropriate placement for Student in the 2012-2013 school year, and would it be an appropriate placement for Student during the 2013-2014 school year?
- Considering the equities, should the hearing officer order the District to reimburse Parent for all or any part of the costs of tuition, books, fees and transportation paid to or required by the School for the 2012-2013 and 2013-2014 school years?
- Should the hearing officer order the District to provide compensatory education to Student for all or any part of the period from November 17, 2010 through November 4, 20122, including the summers of 2011 and 2012?
- Should the hearing officer order the District to reimburse Parent for the cost of two private psychological evaluations and reports dated April 4, 2011, (supplemented by reports dated April 18, 2011 and August 18, 2011), and October 15, 2012, as well as the cost of the evaluator’s testimony in this due process matter?