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