RV vs. Wilson Area School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION

Student: RV

Date of Birth: xx/xx/xxxx

Hearing Dates: September 2, November 2, November 10, 2009, January 11, and January 12, 2010

ODR File No.: 10272-08/09LS

CLOSED HEARING

School District: Wilson Area School District

Parties:

Wilson Area School District

Representatives:

Parent Attorney:

Jonathan S. Corchnoy, Esq. Law Offices of Jonathan S. Corchnoy 1515 Market Street, Suite 1510 Philadelphia, PA 19102

School District Attorney:

Sharon Montayne, Esq. Sweet, Stevens, Katz & Williams, LLP P.O. Box 5069 331 Butler Avenue New Britain, PA 18901

Date Record Closed: March 1, 2010

Decision Date: March 15, 2010

Hearing Officer: Gloria M. Satriale, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

This case concerns the provision of a Free Appropriate Public Education (hereinafter FAPE) for Student (hereinafter referred to as “Student”), an eligible 10 year old student, who resides with his mother in the District and who has been identified with a variety of diagnosis including Autism Spectrum Disorder (hereinafter ASD). The parent challenges the provisions of a FAPE during the 2007-2008 and 2008-2009 school years.

Due process concerning the current matter was filed with the Office for Dispute Resolution on June 26th, 2009. A Resolution meeting was conducted on July 7th, 2009. The due process hearing was held over five (5) sessions from September 2009 to January 12, 2010. Following the submission of written closing arguments, the record was closed on March 1, 2010.

For the reasons that follow, I find in favor of the PARENT IN PART in that that the District denied the student FAPE by failing to provide appropriate instruction in reading and in failing to provide related services for vision therapy and will ORDER reimbursement to the Parent for the costs of the private evaluation and costs of privately secured reading and vision therapies as well as to order compensatory education for the 2008 and 2009 ESY term; and find IN PART for the DISTRICT with respect to the remaining claims.

ISSUES

Was the program and placement the District offered to the Student for the 2007-2008 and 2008- 2009 school years appropriate? Specifically:

1. Whether the District’s provision of programming for the 2007-2008 and 2008-2009 school years in the areas of reading, math and the provision of related services in the areas of occupational therapy (hereinafter OT); speech and language, behavior; vision therapy and assistive technology and the accompanying extended school year (hereinafter ESY programming) constituted FAPE. The Student seeks a compensatory education and reimbursement of expenses as a remedy1

RV-Wilson-Area-ODRNo-10272-08-09LS

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