PW vs. Delaware Valley School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: P.W.

Date of Birth: xx/xx/xx

Dates of Hearing:
9-27-07, 10-15-07, 11-05-07 11-20-07, 11-27-07, 1-15-08, 1-22-08, 1-30-08

CLOSED HEARING
ODR #7905/07-08 AS

Parties to the Hearing: Parents

Delaware Valley School District Routes 206 & 6
Milford, PA 18337-9454

Representative:

Drew Christian, Esquire 801 Monroe Avenue Scranton, PA 18510

Andrea B. Saia, Esquire
Levin Legal Group
1301 Masons Mill Business Park 1800 Byberry Road
Huntingdon Valley, PA 19006

Date Record Closed: February 21, 2008

Date of Decision: March 6, 2008

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

INTRODUCTION AND PROCEDURAL HISTORY

Student is a xx year old eligible resident of the Delaware Valley School District (District). (NT 48-49; S-14 p. 7.) He is in eighth grade presently. (NT 11; S-14 p. 7.) He is identified with the exceptionality of autism. (S-5 p. 15.) His parents, (Parents), requested due process in July 2007, seeking compensatory education and reimbursement for two independent educational evaluations. The District asserts that at all relevant times it provided FAPE, that its evaluations were appropriate, and that no relief is due.

A total of eight hearing sessions were conducted between September 27, 2007 and January 30, 2008. Counsel submitted written summations and findings of fact on February 20 and 21, 20081 and the record closed on February 21, 2008.

ISSUES

  1. In the 2005 to 2006 school year, did the District fail to offer or provide educational services that were reasonably calculated to provide meaningful educational benefit in all areas of educational need?
  2. In the 2006 to 2007 school year, did the District fail to offer or provide educational services that were reasonably calculated to provide meaningful educational benefit, including ESY services, in all areas of educational need?
  3. Are the Parents entitled to reimbursement for the cost of an Independent Educational Evaluation?
  4. Should the hearing officer order an independent functional behavioral assessment?
  5. Is the Student entitled to an award of compensatory education for all or part of the period beginning on July 16, 2005 until July 16, 2007?
P-W-Delaware-Valley-ODRNo-7905-07-08-AS

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