Special Education Hearing Officer
Child’s Name: Student
Date of Birth: xx/xx/xx
Dates of Hearing: April 28, 29, 30, July 27, August 10, 11, 2009
ODR No. 9835/08-09 AS
Parties to the Hearing: Parents :
Methacton School District 1001 Kriebel Mill Road Norristown, PA 19403-1047
Colleen P. Frankenfield, Esq.
Latsha, Davis, Yohe & McKena, P.C. 350 Eagleview Boulevard, Suite 100 Exton, PA 9341 email@example.com
School District Attorney:
Sharon W. Montanye, Esq. Sweet, Stevens, Katz & Williams 331 Butler Avenue
P.O. Box 5069
New Britain, PA 18901-5069 firstname.lastname@example.org
Date Record Closed: August 31, 2009
Date of Decision: September 14, 2009
Hearing Officer: Daniel J. Myers
INTRODUCTION AND PROCEDURAL HISTORY
Student (Student) 1 is a teen-aged high school senior at the Methacton School District (District) with attention deficit hyperactivity disorder (ADHD). Arguing that the District has not provided Student a free and appropriate public education (FAPE) since 2001, Student seeks compensatory education and Student’s parents seek reimbursement for an evaluation and tuition costs associated with an out-of-state wilderness program.
Of Student’s timely claims, the District denied FAPE to Student from December 28, 2007 when it recommended that Student not be reevaluated, through the end of the 2007-2008 school year. Student’s Parents are not entitled to evaluation reimbursement because they did not disagree with the District’s evaluation (or, in this case, the District’s recommended waiver of evaluation.) Student’s parents are not entitled to reimbursement of wilderness program costs because it is not an appropriate unilateral program and placement.
Whether the District has provided FAPE to Student since 2001?
Whether the District’s proposed program and placement is appropriate?
Whether Student is entitled to compensatory education?
Whether Parents are entitled to reimbursement for an evaluation and/or tuition costs associated with an out-of-state wilderness program?