SW vs. Abington School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: S. W.

Date of Birth: [redacted]

ODR No. 18276-1617-KE

CLOSED HEARING

Parties to the Hearing: Parent[s]

Abington School District 970 Highland Avenue Abington, PA 19001-4535

Representative:

Debra B. Weidman, Esquire Weidman Law LLC
600 West Germantown Pike, Su. 400 Plymouth Meeting, PA 19462

Claudia L. Huot, Esquire Wisler Pearlstine, LLP
Blue Bell Executive Campus 460 Norristown Road, Su. 110 Blue Bell, PA 19422-2323

Dates of Hearing: November 22, 2016; December 2, 2016; December 9, 2016

Date of Decision: February 14, 2017

Hearing Officer: William F. Culleton,Jr., Esquire, CHO

INTRODUCTION AND PROCEDURAL HISTORY

The child named in this matter (Student)1 is an eligible student of the school district named in this matter (District). Student, of elementary school age, is identified under the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA) as a child with the disability Other Health Impairment.

Student’s mother (Parent) filed this due process request pursuant to the IDEA and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 (section 504), asserting that the District failed to provide Student with a free appropriate public education (FAPE) during Student’s first and second grade years (2014-2015 and 2015-2016 school years)(relevant period). Parent requested compensatory education for those years. The District asserts that it provided a FAPE at all relevant times.

The hearing was completed in three sessions. I have determined the credibility of all witnesses and I have considered and weighed all of the evidence of record. I conclude that the District provided appropriate services during the relevant period and I decline to order any relief. .

ISSUES

1. Did the District provide an appropriately comprehensive evaluation of Student when necessary to ensure that it would address all of Student’s needs for special education services?

2. Did the District place Student in an appropriate setting?

3. When Student began school at the District, did the District appropriately implement an individualized educational program (IEP) from the previous school district?

4. Did the District offer and provide an appropriate IEP to Student during the Student’s first and second grade years?

S-W-Abington-ODRNo-18276-1617-KE-

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