PC vs. West Chester School District

Due Process Hearing for

PC Date of Birth: xx/xx/xx

ODR File Number: 7016/06-7/AS

Dates of Hearing: December 4, 2006, January 4, 2007, February 8, 2007, February 22, 2007

Parties: M/M

West Chester School District Spellman Admin. Bldg.
829 Paoli Pike
West Chester, PA 19380

Representative:

Ms. Catherine Reisman, Esq. Montgomery McCracken 123 S. Broad St. Philadelphia, PA 19109-1030

Andrew Faust, Esq. Sweet Stevens Katz 331 E. Butler Ave. PO Box 5069

New Britain, PA 18901

Date Final Transcript/Exhibits Received: February 28, 2007

Date Closing Statements Received/ Record Closed: March 7, 2007

Date of Decision: *March 26, 2007 By agreement of counsel

Hearing Officer: Joy Waters Fleming, Esq

Background

Student is currently in the fifth grade at the Private School. From kindergarten through a portion of fifth grade he attended school in the West Chester School District “District”. In October of 2006, Student’s parents “Parent or Parents” unilaterally placed him at the Private School, a private school. They seek compensatory education and tuition reimbursement on grounds that the District violated its child find obligations.

Issues

Is the District required to provide compensatory education services to Student for school years 2004-2005 onward for failing in its Child Find obligation and/or for its failure to timely evaluate Student?

Is the District required to reimburse Parents for tuition at the Private School in which they unilaterally placed Student for the 2006-2007 school year, based on their assertion that the District conducted an inappropriate evaluation?

PC-West-Chester-ODRNo-7016-06-7-AS

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