Student vs. Lower Merion School District

Pennsylvania
Special Education Hearing Officer

DECISION
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

CLOSED HEARING

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.

INTRODUCTION AND PROCEDURAL HISTORY

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.

ISSUE

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?

Student-Lower-Merion-ODRNo-9084-08-09-AS

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.