PC vs. West Chester Area School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: P.C.

ODR #17101 / 15-16 KE

Date of Birth:

[redacted]

Dates of Hearing: January 19, 2016 March 1, 2016 March 23, 2016 April 29, 20016

CLOSED HEARING

Parties to the Hearing: Parent[s]

West Chester Area School District 829 Paoli Pike
West Chester, PA 19380

Representative:
Michael Connelly, Esquire McAndrews Law Offices 30 Cassatt Avenue Berwyn, PA 19380

David Painter, Esquire
Sweet, Stevens, Katz & Williams 331 Butler Avenue PO Box 5069 New Britain, PA 18901

Date Record Closed: May 24, 2016

Date of Decision: June 10. 2016

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

Background

Student1 is a pre-teen-aged eligible student who has been enrolled in the District since the beginning of 1st grade. Student receives special education programming under the Individuals with Disabilities Education Act [IDEA]2 and Pennsylvania Chapter 14. Student’s current eligibility classifications are Visual Impairment (amblyopia, estrophia, retinopathy, nystagmus and strabismus) and Other Health Impairment (ADHD). Student is also a qualified handicapped person / protected handicapped student under §504 of the Rehabilitation Act of 1973 and Chapter 15 of the Pennsylvania Code3.

The Parents asked for this hearing, alleging that the District failed to offer Student a free, appropriate public education (FAPE) from December 1, 2013 to the present, and are seeking compensatory education, reimbursement for an independent educational evaluation (IEE), and an appropriate program going forward.

The testimony of every witness, the content of each exhibit, as well as the parties’ written closing statements, were reviewed and considered in issuing this decision, regardless of whether there is a citation to particular testimony of a witness or to an exhibit. For the reasons set forth below, I find in favor of the District.

Issues

  1. Did the District deny Student a free, appropriate public education (FAPE) from December 2013 to the present?
  2. If the District denied Student FAPE, is Student entitled to compensatory education and if so in what form and amount?
  3. Should the District be required to reimburse the Parents for the IEE they obtained for Student?
P-C-West-Chester-ODRNo-17101-15-16-KE

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.