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
- Did the School District deny Student a free, appropriate public education [FAPE] during the 2010-2011 school year?
- 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?
- In order to receive FAPE does Student require residential placement in the approved private school selected by the Parent?