PA vs. Pennsbury School District

Pennsylvania
Special Education Hearing Officer

FINAL DECISION AND ORDER

Student’s Name: P.A.

Date of Birth: [REDACTED]

ODR No. 15270-1415AS

CLOSED HEARING

Parties to the Hearing: Parent[s]

Pennsbury School District 134 Yardley Avenue
PO Box 338
Fallsington, PA 19058

Representative:

Catherine Merino Reisman, Esq. Freeman Carolla Reisman & Gran 19 Chestnut St
Haddonfield, NJ 08033

Jane Williams, Esq.
Sweet Stevens Katz & Williams 331 E. Butler Avenue
New Britain, PA 18901

Dates of Hearing: 12/08/14, 12/16/14, 01/19/15

Record Closed: 02/13/15

Date of Decision: 03/02/15

Hearing Officer: Brian Jason Ford

Introduction

This matter arises under Individuals with Disabilities Education Act (IDEA), 20 U.S.C.
§ 1400 et seq. and Section 504 of the Rehabilitation Act of 1973 (Section 504), 34 C.F.R. Part 104.4. The Parents bring this due process hearing on their own behalf and on behalf of their child, the Student.1 The Student has [redacted] disorder and has engaged in self harming behaviors. The Parents claim that the District committed a child find violation by failing to propose a special education evaluation and offer appropriate services. The Student currently attends a residential program in [another State].

Issues

  1. Did the District violate its Child Find duties by failing to propose an evaluation for the Student?
  2. Did the District deny the Student a free appropriate public education (FAPE) under either the IDEA or Section 504 and, if so, is the Student entitled to compensatory education as a remedy?
  3. Are the Parents entitled to tuition reimbursement?
P-A-Pennsbury-ODRNo-15270-1415AS

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