Special Education Hearing Officer
ODR No. 2323-1112
Child’s Name: [redacted]
Date of Birth: [redacted]
Dates of Hearing: 12/9/11; 2/21/12; 3/15/12; 4/18/12
Parties to the Hearing:
383 South Jennersville Road West Grove, PA 19390
Parent Attorney None
School District Attorney
Andrew Faust, Esquire
Sweet, Stevens, Katz & Williams 331 Butler Avenue, P.O. Box 5069 New Britain, PA 18901
Date Record Closed: May 7, 2012
Date of Decision: May 24, 2012
Hearing Officer: Anne L. Carroll, Esq
INTRODUCTION AND PROCEDURAL HISTORY
Significant school related issues did not arise in this case until the 2009/2010 school year, when Student was in high school. Although there were many contentious issues between the parties and Parents took a broad view of what constitutes a denial of FAPE, the true special education dispute centered primarily on claims of an child find delay and whether the District proposed an appropriate program and placement for the current school year, after Student was identified as IDEA eligible late in the 2010/2011 school year.
Based upon the relevant facts in the record and the applicable law, Parents claims in this case must be entirely denied.
- Did the School District fail to timely identify Student as IDEA eligible or protected under §504 of the Rehabilitation Act during the 2009/2010 and 2010/2011 school years?
- Did the School District fail to offer or provide Student with an appropriate program and placement under IDEA or §504 during the 2009/2010, 2010/2011 and 2011/2012 school years, including appropriate services designed to ease Student’s transition [redacted] back into the high school setting in 2011 and appropriate means for addressing concerns [redacted] at school during the 2009/2010, 2010/2011 and 2011/2012 school years?
- Is Student entitled to an award of compensatory education for the District’s failure to provide Student with appropriate educational and related services, and if so, for what period, in what amount and in what form?