NH vs. Norristown Area School District

Pennsylvania

Special Education Hearing Officer

FINAL DECISION AND ORDER

Student’s Name: N.H.

Date of Birth: [redacted]

ODR No. 3366-1213AS

CLOSED HEARING

Parties to the Hearing:

Parents

Norristown Area School District 401 N. Whitehall Road Norristown, PA 19403

Parties to the Hearing:

Parents

Norristown Area School District 401 N. Whitehall Road Norristown, PA 19403

Representative:

David Thalheimer, Esq. Thalheimer & Palumbo P.C. 100 South Broad Street Suite 1950
Philadelphia, PA 19103

Scott H. Wolpert
Timoney Knox, LLP
400 Maryland Drive
Fort Washington, PA 19034

Date of Hearing: 09/13/2012, 11/27/2012, 12/04/2012, 01/03/2013, 01/17/2013, 02/11/2013, 02/22/2013

Record Closed: 04/08/20131

Date of Decision: 04/29/2013

Hearing Officer: Brian Jason Ford

Introduction

The Parents, on behalf of the Student, requested this due process hearing against the District.2 The Parents’ Complaint raises claims under the Individuals with Disabilities Act (IDEA), 20 U.S.C. § 1400 et seq. and Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. § 701 et seq. More specifically, and as described in greater detail below, the Parents allege that the Student was denied a free appropriate public education (FAPE), and is entitled to compensatory education for that denial during the 2010-11 (5th grade) school year. The Parents further claim tuition reimbursement for the 2011-12 (6th grade) and 2012-13 school years, including the cost of extended school year (ESY) services in the summer of 2013.

For reasons discussed herein, I find that the District did not provide appropriate Math and Speech/Language instruction to the Student during the 2010-11 school year, and that the Student is entitled to compensatory education for that denial.3 For reasons discussed herein, I find that the Parents are also entitled to reimbursement for an IEE. For reasons discussed herein, I also find that the Student was not otherwise denied a FAPE, and that the Parents are not entitled to tuition reimbursement.

N-H-Norristown-Area-ODRNo-3366-1213AS

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