PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
ODR File Number : 7324/06-07 KE
Student: NP
School District: Penn-Delco
Type of Hearing: Closed
For the Student:
Phillip Drumheiser, Esq. Attorney at Law
2202 Circle Road Carlisle, PA 17013
For the School District:
Diane Gonzalves
Supervisor of Special Education Penn-Delco School District 2821 Concord Road
Aston, PA 19014-2907
Leo A. Hackett, Esq. 300 West State Street Suite 301
Media, PA 19063
Due Process Hearing Request Date: January 28, 2007
Hearing Dates: March 27, April 26, and May 17, 2007
Date of Receipt of Transcript: May 23, 2007
Decision Date: May 30, 2007
Hearing Officer: Daniel J. Myers
BACKGROUND
Student is a xx year old former resident of the School District who attended the School District’s elementary school from September 2000 (first grade) through April 13, 2005 (fifth grade). In January 2005, Student received a Section 504 Plan/Service Agreement for behavioral issues. In March 2005, he was found to be eligible for special education under the IDEA. On April 13, 2005 he was sent to a 45 day diagnostic placement at an Intermediate Unit (IU) facility. On April 19, 2005, he moved into a new school district, although he continued to attend the IU facility.
Student seeks compensatory education for the School District’s alleged failure to provide a free and appropriate public education (FAPE) between 1st grade and when he left the School District. For the reasons described below, I conclude that the statute of limitations limits Student’s recovery of compensatory education, and that none of the exceptions to the statute of limitations extends Student’s compensatory education recovery period. For the period of time that is not limited by the statute of limitations, however, I find that the Student was denied FAPE, and I award compensatory education.
ISSUES
Whether or not the School District denied a free and appropriate public education to Student from 1st grade through April 19, 2005?
NP-Penn-Delco-ODRNo-7324-06-07-KE