PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
DECISION
DUE PROCESS HEARING
Name of Child: Student
ODR #9610/08-09 LS
Date of Birth: xx/xx/xx
Dates of Hearing: July 28, 2009 July 29, 2009 November 18, 2009 December 1/ 2009
CLOSED HEARING
Parties to the Hearing:
Wallingford-Swarthmore School District 101 Plush Mill Road
Wallingford, Pennsylvania 19086
Representative:
M. Shannon Moore, Esquire Gallagher, Schoenfeld, Surkin, Chupein & DeMis, P.C.
25 West Second Street
Media, Pennsylvania 19063
Timothy Gilbach, Esquire
Fox Rothschild, LLP
10 Sentry Parkway, Suite 200 Blue Bell, Pennsylvania 19422
Last Transcript Received: December 8, 2009
Record Closed January 6, 2010
Date of Decision: January 21, 2010
Background
Student is a teen-aged, 11th grade student who resides in the Wallingford- Swarthmore School District. In second grade, Student was found eligible for special education services as a student with a Specific Learning Disability in the areas of Reading, Writing and Math.
Contending that the District failed to provide Student with a free appropriate public education, Parent filed a due process complaint seeking an intensive research- based reading program and compensatory education for the second half of the 2006- 2007 school year, the 2007-2008 school year, and first half of the 2008-2009 school year. Parent also seeks compensatory education for the 2007 and 2008 Extended School Years. Additionally, Parent’s requested relief includes a District-funded independent educational evaluation.
The due process hearing was held on July 28, 2009, July 29, 20091, November 18, 2009 and December 1, 2009. For the reasons explained below, the Parent has met her burden by a preponderance of the evidence.
Therefore, based upon the record compiled during the four hearing sessions and the arguments of counsel, Student will be awarded compensatory education for a the second half of the 2006-2007 school year, the 2008-2009 school year and the first half of the 2008-2009 school year. Student is not entitled to compensatory education for the 2007 and 2008 extended school years. The District will fund a comprehensive independent evaluation which will include recommendations for appropriate research- based reading programs.
Issues
- Whether the District failed to provide a free appropriate public education (FAPE) to Student from January 14, 2007 to January 14, 2009?
- Whether the District failed to provide Student with a FAPE during the 2007 and 2008 Extended School Years?
- Whether Student is entitled to compensatory education; and if so, how much?
- Whether Student is entitled to an independent educational evaluation at District expense?