MM vs. Penn Manor School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION

DUE PROCESS HEARING

Name of Child: M.M.

ODR #2490/11-12 AS

Date of Birth: [redacted]

Dates of Hearing: January 19, 2012 March 6, 2012

CLOSED HEARING

Parties to the Hearing: Parents

Penn Manor School District 2950 Charlestown Road Lancaster, PA 17603

Representative:
Dean Beer, Esquire McAndrews Law Offices 30 Cassatt Avenue Berwyn, PA 19312

Jeffrey Champagne, Esquire McNees, Wallace and Nurick 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108

Date Record Closed: March 27, 2012

Date of Decision: March 31, 2012

Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official

Background

Student1 is a grade-school aged eligible child classified as having Multiple Disabilities2 who is enrolled in the Penn Manor School District [“District”].

The Parents filed a request for a due process hearing alleging that the District has not provided Student with a free appropriate public education [FAPE] from November 2, 2009 to the present, and that as a consequence Student has not made meaningful educational progress. They are seeking compensatory education for the denial of FAPE.

The District’s position is that Student has at all times been afforded with FAPE and that therefore no compensatory education is due.

Issue

Has the District failed to provide Student with FAPE during all or part of the period from November 2, 2009 to the present, specifically in the areas of reading, math, speech/language therapy, occupational therapy, and/or physical therapy, and failed to consider Student’s medical needs?

If the District denied Student FAPE, is Student entitled to compensatory education, in what form and in what amount?

M-M-Penn-Manor-ODRNo-2490-11-12-AS

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.