Student vs. School District Red Lion

Pennsylvania
Special Education Hearing Officer

DECISION

ODR No. 9738/08-09 LS

Child’s Name: Student
Date of Birth: xx/xx/xx
Dates of Hearing: 4/21/09, 5/07/09, 6/8/09, 7/29/09, 8/03/09

CLOSED HEARING

Parties to the Hearing: Parents

School District Red Lion
696 Delta Road
Red Lion, PA 17356-9185

Representative:

Parent Attorney:
Angela Januski Evans, Esq. Christian & Evans, LLC 801 Monroe Avenue Scranton, PA 18510

School District Attorney Christopher Conrad, Esq. 4200 Crums Mill Road Suite B

Harrisburg, PA 17112

Date Record Closed: September 2, 2009

Date of Decision: September 17, 2009

Hearing Officer: Anne L. Carroll, Esq.

INTRODUCTION AND PROCEDURAL HISTORY

Student is beginning senior year in the Red Lion School District. Student’s original IDEA eligibility category, MR, was changed to Specific Learning Disability (SLD) in reading and written expression after a District reevaluation in September 2006. Parent believes that Student’s learning disabilities arise from a significant language processing disorder.

Parent filed the due process complaint in this matter to obtain compensatory education for approximately half of the 2006/2007 school year (9th grade—from February 19, 2007) through the end of the 2008/2009 (11th grade) school year, including ESY services. Parent also seeks reimbursement for an independent neuropsychological evaluation Student obtained, reimbursement for tutoring services and an independent transition evaluation.

The hearing was held in five sessions between April 21 and August 3, 2009. Based upon the findings of fact and reasons set forth below, the District will be ordered to provide Student with compensatory education based upon the District’s failure to provide Student with a free appropriate public education (FAPE) in many respects from the middle of Student’s 9th grade year. Parent will also be awarded reimbursement for the independent neuropsychological evaluation Student obtained in February 2007, and the District will be ordered to provide an independent transition evaluation and appropriate transition services to Student.

ISSUES

  1. Did the Red Lion School District provide Student with an appropriate academic program in reading, math written expression and content areas within the District’s regular high school curriculum from February 2007 through the end of the 2008/2009 school year?
  2. Has the Red Lion School District provided Student with appropriate transition services and speech/language therapy?
  3. Should the Red Lion School District have provided ESY services/additional ESY services for Student at any time from the summer of 2007 through the summer of 2009?
  4. If the Red Lion School District has not met its FAPE obligation to Student for any reason, is Student entitled to compensatory education, and if so, for what period, in what form and in what amount?
  5. Is the Red Lion School District required to reimburse Student’s Parent for the costs of an independent neuropsychological evaluation and for private tutoring in reading that Parent provided for Student?
  6. Is the Red Lion School District required to provide an independent transition evaluation for Student ?
Student-Red-Lion-ODRNo-9738-08-09-LS

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