NW vs. Parkland School District

Pennsylvania
Special Education Hearing Officer

DECISION

Student’s Name: N.W.

Date of Birth: [redacted]

ODR Nos. 13589-12-13-KE

CLOSED HEARING

Parties to the Hearing: Parent

Parkland School District 1210 Springhouse Road Allentown, PA 18104-2119

Representative:

Lorrie McKinley, Esquire McKinley & Ryan, LLC 238 West Miner Street West Chester, PA 19382

Grace M. Deon, Esquire Eastburn and Gray
60 East Court Street P.O. Box 1389

Doylestown, PA 18901-0137

Dates of Hearing: May 29, 2013; May 30, 2013; July 25, 2013; August 8, 2013;

Record Closed: August 29, 2013

Date of Decision: September 13, 2013

Hearing Officer: William F. Culleton, Jr., Esq.

INTRODUCTION AND PROCEDURAL HISTORY

The student named in the title page of this decision (Student) is, and during all relevant times was, a resident of the school district named in the title page of this decision (District). (S 1, 25.) Student attended a life skills classroom at a neighboring school district’s high school, placed by the District. (NT 21-22.) Student has graduated from the District and no longer attends a District school or placement. (NT 25.) Student was identified as a child with a disability pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA), in the categories of Mental Retardation (in Pennsylvania called Intellectual Disability) and Speech or Language Impairment. (NT 11.)

Student’s legally authorized guardian named in the title page of this decision (Parent) requested due process pursuant to the IDEA and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 (section 504), alleging that the District failed to provide Student with appropriate re-evaluations and with a free appropriate public education (FAPE). Parent requested a “compensatory independent educational evaluation” (IEE) and compensatory education for the relevant period. The District denies all claims.

The record closed upon receipt of written summations.

ISSUES

  1. Was the District’s re-evaluation dated October 20, 2011, appropriate under the IDEA and section 504?
  2. Did the District fail to offer or provide Student with a FAPE from March 1, 2011 to June 12, 2012, in violation of either the IDEA or section 504?
  3. Should the hearing officer order the District to provide an IEE at public expense?
  4. Should the hearing officer order the District to provide compensatory education to Student for all or any part of the period from March 1, 2011 to June 12, 2012?
N-W-Parkland-School-District-ODRNo-13589-12-13-KE

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