Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: R.V.

Date of Birth: [redacted]

Date of Hearing: April 18, 2011

CLOSED HEARING

ODR No. 1544-1011AS

Parties to the Hearing: Parent[s]

Quaker Valley School District 100 Leetsdale Industrial Drive Leetsdale, PA 15056

Representative: Pro Se

Donald Palmer, Esquire 1424 Frick Building 437 Grant Street Pittsburgh, PA 15219

Date Record Closed: April 25, 2011

Date of Decision: May 10, 2011

Hearing Officer: Cathy A. Skidmore, M.Ed., J.D.

INTRODUCTION AND PROCEDURAL HISTORY

Student1 is an elementary-school aged student who was eligible for special education services under the Individuals with Disabilities Education Act (IDEA)2 for the time period in question. Student’s Parents filed a due process complaint against the above-named school district (hereafter “District”) claiming that it denied Student a free, appropriate public education (FAPE) in March and April 2009.

Prior to the hearing, this hearing officer issued a ruling with respect to several requested subpoenas which clarified that the hearing would be limited to the issue presented in the Due Process Complaint, namely whether Student was denied FAPE for a 28-day period beginning on March 8, 2009.3 A hearing convened in a single session, at which both parties presented evidence in support of their respective positions. For the reasons which follow, I find in favor of the Parents for a portion of the time period claimed.

ISSUES

  1. Whether Student was denied a free, appropriate public education by the District for all or any part of the 28-day time period beginning on March 8, 2009; and
  2. If so, is Student entitled to compensatory education and in what amount?
R-V-Quaker-Valley-ODRNo-1544-1011AS

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