PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
DECISION
DUE PROCESS HEARING
Name of Child: NG
ODR #7459/06-07 KE
Date of Birth: xx/xx/xx
Dates of Hearing: May 1, 2007 May 14, 2007 June 19, 2007
CLOSED HEARING
Parties to the Hearing: Ms.
Tredyffrin-Easttown School District 738 First Avenue
Berwyn, Pennsylvania 19312
Representative:
Stephen L. Alvstad, Esquire Beautyman Alvstad
1201 Bethlehem Pike Flourtown, Pennsylvania 19031
Jane Williams, Esquire
Sweet, Stevens, Katz & Williams PO Box 5069
New Britain, Pennsylvania 18901
Date Record Closed: August 8, 2007
Date of Decision: August 18, 2007
Hearing Officer: Linda M. Valentini, Psy.D.
Background
Student is a xx-year-old student who is enrolled in the Tredyffrin-Easttown School District (hereinafter District). She is eligible for special education under the classifications of emotional disturbance and learning disability. Ms., Student’s mother (hereinafter Parent) requested this hearing because she believes that the District has not implemented her daughter’s IEP, and maintains that it did not make revisions to the IEP that she requested pursuant to recommendations made by medical specialists. The Parent also alleges that the District prevented her from having a due process hearing.
The District denies all allegations, but maintains that even if it were determined that any of the Parent’s allegations were found to be true, individually and collectively any errors on the District’s part did not constitute a denial of FAPE to Student or significantly interfere with the Parent’s opportunity to participate in the decision-making process.
Issues
- Did the Tredyffrin-Easttown School District fail to implement Student’s IEP?
- Did the Tredyffrin-Easttown School District fail to make revisions to Student’s IEP as requested by her mother, Ms. pursuant to the recommendations of medical specialists?
- Did the Tredyffrin-Easttown School District prevent Ms. from having a due process hearing for her daughter, Student ?
- If the Tredyffrin-Easttown School District erred in any of these regards, did the error(s) result in a denial of a free, appropriate public education (FAPE) to Student, and/or significantly interfere with the Parent’s opportunity to participate in the decision-making process, and if so what remedies will be applied?