ML vs. Marple Newtown School District

Pennsylvania
Special Education Hearing Officer

DECISION

Student’s Name: M.L.

Date of Birth: [redacted]

ODR No. 3225-11-12-KE

CLOSED HEARING

Parties to the Hearing: Parent

Marple Newtown School District 40 Media Line Road
Newtown Square, PA 19073

Representative:
Michael E. Gehring, Esquire McAndrews Law Offices
30 Cassatt Avenue
Berwyn, PA 19312

Karl A. Romberger, Jr., Esquire Sweet, Stevens, Katz & Williams,LLP 331 East Butler Avenue
New Britain, PA 18901

Dates of Hearing: July 31, 2012; August 8, 2012; August 13, 2012; August 14, 2012; September 24, 2012; October 10, 2012

Record Closed: November 16, 2012

Date of Decision: December 1, 2012

Hearing Officer: William F. Culleton, Jr., Esq., CHO

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). (NT 11.) The District has identified Student with Specific Learning Disability and Emotional Disturbance. (NT 10-11.) Parent asserts that the District has failed to provide the Student with a free appropriate public education (FAPE), as required by the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). (NT 18-36.) Parent seeks compensatory education and the hearing officer specified a relevant period beginning June 1, 2010 until July 31, 2012, with no objection. (NT 61.) The District asserts that it offered and provided a FAPE in light of what it knew about Student’s disabilities during the relevant period of time. (NT 37-52.)

The hearing was concluded in six sessions. The parties submitted written summations, and the record closed upon receipt of those summations.

ISSUES

1. Did the District fail to offer or provide a FAPE to Student during the relevant period from June 1, 2010 until July 31, 2012?

2. Should the hearing officer order the District to provide compensatory education for all or part of the relevant period?

M-L-Marple-Newtown-ODRNo-3225-11-12-KE

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