SK vs. Parkland School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: S.K.

ODR #1803/10-11-KE

Date of Birth: [redacted]

Dates of Hearing: June 29, 2011 July 19, 2011 July 25, 2011 July 26, 2011

CLOSED HEARING

Parties to the Hearing: Parent[s]

Parkland School District 1210 Springhouse Road Allentown, PA 18104

Representative:
Angela Murphy, Esquire Murphy & Murphy Law Offices 106 N. Franklin St. Suite 2
Pen Argl, PA 18072

Joanne Sommer, Esquire Eastburn and Gray
60 E. Court Street Doylestown, PA 18901

Date Record Closed: August 16, 2011

Date of Decision: August 23, 2011

Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official

Background

Student1 is an elementary-school-aged child enrolled in the Parkland School District (District). Student has autism and mental retardation as well as a seizure disorder.

Student’s mother (Parent) requested this hearing under the IDEA, alleging that the District failed to provide Student a free, appropriate public education [FAPE] for the 2010-2011 school year2 and requesting compensatory education for that year as well as a prospective residential placement in an approved private school for the 2011-2012 school year.

For the reasons presented below I find for the District.

Issues

  1. Did the School District deny Student a free, appropriate public education [FAPE] during the 2010-2011 school year?
  2. If the School District denied Student FAPE during the period in question is Student entitled to compensatory education and if so in what kind and in what amount?
  3. In order to receive FAPE does Student require residential placement in the approved private school selected by the Parent?
S-K-Parkland-ODRNo-1803-10-11-KE

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