SD vs. Upper Merion School District

Due Process Hearing for S.D.

Date of Birth: xx/xx/xx

ODR File Number: 7174/06-7/KE

Dates of Hearing: January 22, 2007, February 2, 2007, March 13, 2007, March 20, 2007, April 18, 2007, April 20, 2007, June 4, 2007, August 21, 2007

Parties:

Upper Merion School District 435 Crossfield Rd.
King of Prussia, PA 19046

Mr.

Representative:

Michael Connolly, Esq. Sweet Students Tucker Katz 331 Butler Ave.,
New Britain, PA 18901

Ms. Tanya Alvarado, Esq. McAndrews Law Offices 30 Cassatt Ave.
Berwyn, PA 19312

Date Final Transcript/Exhibits Received: August 21, 2007

Date Closing Statements Received/ Record Closed: October 2, 2007

Date of Decision: October 10, 2007

Hearing Officer: Joy Waters Fleming, Esq

Background

Student is currently xx years of age and a tenth grader in the Upper Merion School District, “District”. Student was identified as eligible for special education his primary years and has received special education programming since that time. Eight hearing session were held between January 2007 and August 21, 2007. Four other hearing sessions were scheduled but could not be held and continuances granted for reasons ranging from counsel illness to unavailability of scheduled witnesses. A final hearing session was originally scheduled for November 8, 2007; however, after the hearing officer communicated her intention to resign to the Office for Dispute Resolution, counsel agreed to waive the final session and submit closing statements in written form to retain involvement of the same adjudicator.

Issues

  1. Did the District deny Student a free, appropriate public education (FAPE) from the 2004-2005 school year onward because of its failure to provide appropriate programming related to reading, written expression and necessary related services?1
  2. Did the District deny Student FAPE from the 2004-2005 school year onward for its failure to adequately address his social, emotional and behavioral needs?
  3. Did the District deny Student FAPE by failing to provide needed occupational therapy and speech language services?
  4. If FAPE was denied Student, is he entitled to compensatory education?
S-D-Upper-Merion-ODRNo-7174-06-7-KE

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