Special Education Hearing Officer
FINAL DECISION AND ORDER
Student’s Name: S.T.
Date of Birth: [redacted]
ODR No. 16540-1516KE
Parties to the Hearing: Parent[s]
Carbondale Area School District 101 Brooklyn Street Carbondale, PA 18407
Heather Hulse, Esq. McAndrews Law Office, P.C. 30 Cassatt Ave.
Berwyn, PA 19312
William McPartland, Esq. Marshall, Dennehey, Warner Coleman & Goggin, P.C.
50 Glemaura National Blvd. Moosic, PA 18507
Dates of Hearing: 12/04/2015, 01/14/2016
Record Closed: 02/08/2016
Date of Decision: 02/23/2016
Hearing Officer: Brian Jason Ford
[The Student’s Parent] (Parent) is the parent of [the student] (Student). The Student was enrolled in a charter school until 2013-14 school year. While enrolled in the charter school (Charter School), the Student attended school at a private school (Private School). The Student was still attending the Private School when the Parent enrolled the Student in the Carbondale Area School District (District) at the start of the 2013-14 school year. Thereafter, while enrolled in the District, the Student continued to attend the Private School. The Student currently attends the Private School.
The Parent requested this due process hearing against the District, seeking an individualized educational program (IEP) from the District, tuition reimbursement for the cost of the Private School from the 2013-14 school year until the District offers an IEP, and a District-funded independent educational evaluation (IEE).
This matter arises under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. and Section 504 of the Rehabilitation Act of 1973 (Section 504), 34 C.F.R. Part 104.4.
- Must the District offer an IEP to the Student?
- Is the Student entitled to an IEE at public expense?
- Is the Parent entitled to tuition reimbursement?