ML vs. Centennial School District

Decision

Due Process Hearing for ML

Date of Birth: xx/xx/xx

File Number: 8118/07-08LS

Dates of Hearings:
December 10, 2007; December 12, 2007; December 14, 2007; December 20, 2007

CLOSED HEARING

Parties:
Mr. and Mrs.

Susan Klyman
Centennial School District 433 Centennial Road Warminster, PA 18974-5448

Representatives: Frederick Stanczak, Esq. 179 North Broad St Doylestown, PA 18901

Andria Saia, Esq.
1301 Mason’s Mill Business Park 1800 Byberry Rd
Huntington Valley, PA 19006

Date Transcript Received: December 28, 2007

Date of Decision: January 11, 2008

Hearing Officer: David F. Bateman, PhD

I. BACKGROUND

Student is a xx-year-old student in the Centennial School District. The main dispute for this Hearing is his eligibility for services. The Parents allege eligibility for Section 504/IDEA as a student with ADHD along with a specific learning disability. The Parents are seeking tuition reimbursement to the Private School and compensatory education from the fall of 2006 to the initiation of his services at the private placement. The District feels it has all times provided Student with the education to which he is entitled, that he is not an eligible student under Section 5045/Chapter 15 nor is he eligible as a student under IDEA.

In the spring of 2007 Student wrote on the bathroom wall at school a message that was seen as a threat of a bomb. Student was not classified as an eligible child under Section 504 or IDEA. The District initiated expulsion proceedings and the Parents requested an evaluation to determine eligibility for special education and related services. The Parents enrolled Student in the Private School and are now seeking tuition reimbursement to such.

III. ISSUES PRESENTED

Is Student an eligible student under the Individuals with Disabilities Education Act?

Is Student an eligible student under Chapter 15/Section 504 of the Rehabilitation Act?

Is Student eligible for tuition reimbursement (and transportation) for the 2007- 2008 school year to Private School?

Is Student eligible for compensatory education for inappropriate services for a denial of a free appropriate public education for the 2006-2007 school year?

ML-Centennial-School-ODRNo-8118-07-08LS
ML-Centennial-School-ODRNo-8118-07-08LS

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