Student vs. Lower Merion School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: Student

ODR #9419/08-09 AS

Date of Birth: Xx/xx/xx

Dates of Hearing: March 31, 2009 June 8, 2009 August 5, 2009 September 1, 2009

CLOSED HEARING

Parties to the Hearing:

Lower Merion School District 301 E. Montgomery Avenue Ardmore, Pennsylvania 19003

Representative:
Michael Connolly
Connolly, Jacobson & John
188 North Main Street Doylestown, Pennsylvania 18901

Amy Brooks, Esquire
Wisler Pearlstine
484 Norristown Road, Suite 100 Blue Bell, Pennsylvania 19422

Date Record Closed: October 6, 2009

Date of Decision: October 19, 2009

Hearing Officer: Linda M. Valentini, Psy.D., CHO

Background

The Student1 is a primary grades aged student who is eligible for special education services under the classification of speech/language impairment. The Student’s Parents unilaterally placed the Student in a private school and requested this hearing seeking tuition reimbursement which the District had denied.

Issues

Did the Lower Merion School District fail to offer an appropriate program and placement for Student for the 2008-2009 school year?

If the Lower Merion School District failed to offer an appropriate program and placement for Student for the 2008-2009 school year, was the placement unilaterally chosen by the Parents appropriate?

If the Lower Merion School District failed to offer an appropriate program and placement for Student, and the placement unilaterally chosen by the Parents was appropriate, are there equitable considerations that would remove or reduce the District’s obligation for tuition reimbursement?

Student-Lower-Merion-ODRNo-9419-08-09-AS

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