NP vs. Penn-Delco School District

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

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