NS vs. Methacton School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: N.S.

ODR #01975/10-11-AS

Date of Birth: [redacted]

Dates of Hearing: June 10, 2011 August 16, 2011

CLOSED HEARING

Parties to the Hearing: Parent[s]

Methacton School District 1001 Kriebel Mill Road Norristown, PA 19403

Representative:
Michael Connolly, Esquire Connolly, Jacobson & John 188 North Main Street Doylestown, PA 18901

Mark Walz, Esquire
Sweet, Stevens, Katz & Williams 331 E. Butler Avenue PO Box 5069 New Britain, PA 18901

Date Record Closed: September 21, 2011

Date of Decision: September 26, 2011

Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official

Background

Student1 is an elementary-school-aged child enrolled in the Methacton School District (District). Student is eligible for special education under the classification of autism.

Student’s parents (Parents) requested this hearing under the IDEA, alleging that the District failed to timely and appropriately evaluate all Student’s educational needs and failed to provide Student a free, appropriate public education [FAPE] from January 20, 2009 to the end of the 2010-2011 school year. They are requesting compensatory education for that period of time. The District maintains that it appropriately evaluated Student and provided FAPE and that no compensatory education is warranted.

For the reasons presented below I find for the Parents with modifications.

Issues

  1. Did the School District fail to timely and appropriately evaluate all Student’s educational needs including behavioral and social needs?
  2. Did the School District deny Student a free, appropriate public education [FAPE] from January 20, 2009 through the 2010-2011 school year?
  3. If the School District failed to identify all Student’s educational needs and/or denied Student FAPE during the period in question is Student entitled to compensatory education and if so in what kind and in what amount?
N-S-Methacton-ODRNo-01975-10-11-AS

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