NM vs. Central Bucks School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: N.M.

Date of Birth: [redacted]

Dates of Hearing:
August 24, November 15, & November 23, 2010 January 12, & January 14, 2011

CLOSED HEARING

ODR Case # 00892-09-10-AS

Parties to the Hearing: Parent[s]

Ms. Fran Rassouli
Central Bucks School District 16 Weldon Drive
Doylestown, PA 18901

Representative:

Michael Connolly, Esq. 188 N. Main Street Doylestown, PA 18901

Scott Wolpert, Esq.
400 Maryland Drive
P.O. Box 7544
Fort Washington, PA 19034

Date Record Closed: February 7, 2011

Date of Decision: February 22, 2011

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

Student is an early teen-aged student residing in the Central Bucks 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 has been identified as a student with specific learning disabilities and an other health impairment. Parent claims the student has been denied a free appropriate public education (“FAPE”). As a result, parents are requesting compensatory education for a period from March 31, 2008 through March 10, 2010. Parents also seek tuition reimbursement for a private placement that has run from March 12, 2010 through these proceedings. The District counters that it has provided FAPE to the student at all times.

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

ISSUE

  1. Has the student been denied a FAPE by the District for the period March 31, 2008 through March 10, 2010?
  2. If so, is compensatory education owed by the District and in what amount?
  3. Are the parents entitled to tuition Reimbursement for the student’s private placement as of March 12, 2010?

N-M-Central-Bucks-ODRNo-00892-09-10-AS

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