NS vs. Warwick School District

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?

N-S-Warwick-ODRNo-6678-05-06-KE

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