PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
File Number: 6972/06-07 KE
Child’s Name: RB
Date of Birth: xx/xx/xx
School District: Eastern Lancaster County
Type of Hearing: Closed
For the Student:
Vivian Narehood, Esq. Gibbel, Kraybill & Hess 41 East Orange Street Lancaster, PA 17602
For the School District:
Nadinne Larkin, Special Education Director Eastern Lancaster County School District 669 Main Street
New Holland, PA 17557
Michael J. Connolly, Esq. Sweet, Stevens, Tucker & Katz 331 Butler Avenue
P.O. Box 5069
New Britain, PA 18901-5069
Due Process Hearing Request Date: September 18, 2006
Mandatory Resolution Meeting Date: Waived
Hearing Dates: November 7, December 5, 6, 7, 2006
Date Record Closed: January 5, 2007
Date of Decision: January 19, 2007
Hearing Officer: Daniel J. Myers
Background
Student is a xx year old resident of the Eastern Lancaster County School District (School District) with multiple disabilities, including autism and mental retardation. In May 2006, Student’s parents and the School District executed a settlement agreement agreeing, among other things, to educate Student in the local public schools pursuant to a March 27, 2006 IEP until such time as a particularly-funded vacancy became available at the [redacted] School (hereinafter Private School.) 1 In August 2006, Student’s parents unilaterally enrolled Student into the Private School even though the particularly-funded vacancy had not yet become available. Student’s parents now seek reimbursement of their Private School tuition. For the reasons described below, I find for the School District.
Issues
- Whether or not the School District’s proposed program and placement is appropriate; and
- Whether or not Student’s parents are entitled to reimbursement for private school tuition and transportation to the school.