PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
6678/05-06 KE
File Number
N.S.
Child’s Name
[redacted]
Date of Birth
7/21/06, 7/27/06, 7/28/06
Dates of Hearing
Closed
Type of Hearing
For the Student:
Parent[s]
Vivian Narehood, Esq. Gibbel, Kraybill & Hess 41 East Orange Street Lancaster, PA 17602
For the Warwick School District:
Jill Hackman
Director of Pupil Services Warwick School District 301 West Orange Street Lititz, PA 17543
Jeffrey Champagne, Esq. McNees, Wallace & Nurick 100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
Dates of Hearing: July 21, 27 and 28, 2006
Date of Receipt of Transcript: August 2, 2006
Date of Decision: August 11, 2006
Hearing Officer: Daniel J. Myers
Background
[Student] (Student) is a [teenaged] 8th grade resident of the Warwick School District (School District) whose parents have unilaterally decided that [Student] will attend a private school for the upcoming school year. Student seeks compensatory education and [Student’s] parents seek tuition reimbursement as well as reimbursement for an independent educational evaluation (IEE), alleging that the School District’s past programming and proposed individualized education program (IEP) has denied a free and appropriate public education (FAPE) to Student. For the reasons described below, I find for the Student and [Student’s] parents.
Issues
- What is the appropriate program and placement for Student for the 2006-2007 school year?
- Are Student’s parents entitled to tuition reimbursement for the 2006-2007 school year?
- Was the 2005-2006 school year IEP appropriate?
- Was the 2005-2006 school year IEP appropriately implemented?
- Should the School District should have identified and programmed for Student as a child with a disability for the 2004-2005 school year?
- Are Student’s parents entitled to reimbursement for a December 2005 IEE?