Pennsylvania
Special Education Hearing Officer
DECISION
Student’s Name: T.J.
Date of Birth: [redacted]
ODR No. 13941-1213AS
CLOSED HEARING
Parties to the Hearing:
Parent
Education Plus Academy Cyber Charter School
1110 Church Road
Wyncote, PA 19095
Representative:
Catherine Merino Reisman, Esq. 19 Chestnut Street
Haddonfield, NJ 08033
Jeffery R. Stacey, Esq.
1601 Market Street, Suite 2310 Philadelphia, PA 19103
Dates of Hearing: July 31, 2013; August 1, 2013
Record Closed: August 13, 2013
Date of Decision: August 23, 2013
Hearing Officer: Brian Jason Ford
Introduction
This matter arises under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. and Section 504 of the Rehabilitation Act of 1973 (Section 504), 34 C.F.R. Part 104.4. Except in the cover page, identifying information about the Student has been omitted or redacted.
The Student attended the Education Plus Cyber Charter Academy, a Pennsylvania Cyber Charter School (Charter), during the 2012-13 school year. During the majority of that year, the Student was not identified as IDEA-eligible, had no Individualized Educational Program (IEP), and did not receive special education (specially designed instruction -SDI – and related services). The Parent contends that the Student should have received an IEP before one was provided and that the Student’s IEP, once in place, was deficient. The Parent further demands tuition reimbursement for the cost of an Extended School Year (ESY) program that the Student attended in the summer of 2013. Finally, the Parent demands prospective placement at an Approved Private School (APS).
Issues
1. Is the Student entitled to compensatory education from January 30, 2013 to March 5, 2013 to remedy a denial of a free appropriate public education (FAPE) resulting from the Charter’s failure to provide special education during this time?
2. Is Student entitled to compensatory education from March 6, 2013 through the end of the 2012-2013 school year to remedy a denial of FAPE after an IEP was put into place?
3. Is Parent entitled to reimbursement for ESY programming that the Student received in the summer of 2013?
4. Is Student entitled to prospective placement at a private school or approved private school for the 2013-14 school year?
T-J-Charter-ODRNo-13941-1213AS