Student vs. Lower Merion School District

Special Education Hearing Officer

Child’s Name: [REDACTED]

Date of Birth: [REDACTED]

Dates of Hearing: 10/02/08; 11/03/08; 11/18/08; 11/19/08; 12/01/08; 12/05/08


ODR No. 9084/08-09 AS

Parties to the Hearing: Parents [REDACTED]

School District

Lower Merion
301 Montgomery Avenue Ardmore, PA 19003-3338

Representative: Parent Attorney

Liliana Yazno-Bartle Grove Summit Office Park 607 A North Easton Road Willow Grove, PA 19090

School District Attorney

Lawrence Dodds, Esq. Wisler, Pearlstine, LLP 484 Norristown Road, Suite 100

Blue Bell, PA 19422

Date Record Closed: January 23, 2009

Date of Decision: February 7, 2009

Hearing Officer: Anne L. Carroll, Esq.


Student has been enrolled in the 5th grade at [ ], a private school, since the beginning of the 2008/2009 school year. From kindergarten through 4th grade, Student attended school in Lower Merion School District, where s/he received special education services as a child with language-based learning disabilities and ADHD. Contending that Student did not made meaningful progress in the District, particularly in learning to read, and that the IEP offered by the District for the current school year was not reasonably calculated to assure that Student would make meaningful progress in 5th grade, Parents withdrew Student from the District, enrolled him in [private school] and sought reimbursement from the District.

The due process hearing was held over six sessions between October 2 and December 5, 2008. For the reasons which follow, I find in favor of Lower Merion School District and will not order tuition reimbursement.


Is the Lower Merion School District required to reimburse Student’s Parents for tuition paid to [private school] for Student for the 2008/2009 school year?


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