NB vs. Lancaster School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: NB

Date of Birth: XX/XX/XX

Dates of Hearing: December 2, 2008 & January 29, 2009

CLOSED HEARING

ODR Case # 9331-08-09-LS

Parties to the Hearing:

Mr. Ms.

Mr. Paul Schleyer
Lancaster School District 251 S. Prince Street/3rd Floor Lancaster, PA 17603

Representative: Pro Se

Mr. Jeffrey Champagne McNees, Wallace, & Nurick 100 Pine Street/P.O. Box 1166 Harrisburg, PA 17108-1166

Date Record Closed: February 16, 2009

Date of Decision: March 3, 2009

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

Student (“student”) is an early teen aged student residing in the Lancaster School District (“District”) who has been identified as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1. The student’s parents and the District disagree over the individualized education plan (“IEP”) and the educational placement for the student. As a result, the parents have placed the student in a private placement for the 2008-2009 school year and seek tuition reimbursement from the District.

For the reasons set forth below, I find in favor of the District.

ISSUES

Must the District reimburse parents for out-of- pocket private school tuition for the 2008-2009 school year?

NB-Lancaster-ODRNo-9331-08-09-LS

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