Student vs. Methacton School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: Student
Date of Birth: xx/xx/xx
Dates of Hearing: April 28, 29, 30, July 27, August 10, 11, 2009

CLOSED HEARING
ODR No. 9835/08-09 AS

Parties to the Hearing: Parents :

School District:

Methacton School District 1001 Kriebel Mill Road Norristown, PA 19403-1047

Representative:
Colleen P. Frankenfield, Esq.
Latsha, Davis, Yohe & McKena, P.C. 350 Eagleview Boulevard, Suite 100 Exton, PA 9341 cfrankenfield@ldylaw.com

School District Attorney:
Sharon W. Montanye, Esq. Sweet, Stevens, Katz & Williams 331 Butler Avenue
P.O. Box 5069
New Britain, PA 18901-5069 smontanye@sweetstevens.com

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.

ISSUES

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?

Student-Methacton-ODRNo-9835-08-09-AS

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