TK vs. Delaware Valley School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: T.K.

Date of Birth: [redacted]

ODR No. 00501-0910 KE

CLOSED HEARING

Parties to the Hearing: Parent[s]

Delaware Valley School District 236 Route 6 and 209
Milford, PA 18337-9454

Representative:
Heather M. Hulse, Esquire McAndrews Law Offices, P.C. 400 Spruce Street, Suite 300 Scranton, PA 18503

Anne E. Hendricks, Esquire Levin Legal Group, P.C.
1301 Masons Mill Business Park 1800 Byberry Road

Huntingdon Valley, PA 19006

Dates of Hearing: February 23, 2010, April 21, 2010, June 17, 2010

Record Closed: July 6, 2010

Date of Decision: July 21, 2010

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

INTRODUCTION AND PROCEDURAL HISTORY

Student is a preteen-aged eligible resident of the Delaware Valley School District (District). (NT 8-21 to 9-24.) The Student is identified with Serious Emotional Disturbance and Specific Learning Disability. (NT 10-1 to 11-9.) Parents brought this request for due process, seeking compensatory education for failure to provide appropriate evaluation, program and placement, including extended school year services (ESY), with regard to the Student’s academic, behavioral, social and emotional needs. They base these claims upon the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA), and the Rehabilitation Act of 1973, section 504, 29 U.S.C. §794 (section 504).

The Parents filed their Complaint Notice by letter dated November 24, 2009. (S- 1.) The District moved to limit all claims to the two year period allowed by the IDEA in its Answer dated December 16, 2009. (S-2.) The Parents responded to that motion, (S- 3), and I granted the motion in a ruling on the law, (HO-1) and a ruling on the record after hearing evidence on the first hearing date, (NT 87-4 to 128-4). The hearing was held in three sessions from February 23, 2010, to June 17, 2010. The record closed upon receipt of written summations.

ISSUES

  1. During the relevant period from November 24, 2007 through February 23, 2010, did the District appropriately evaluate the Student with regard to academic, behavioral, social and emotional needs?
  2. During the relevant period from November 24, 2007 through February 23, 2010, did the District provide an appropriate educational program and placement that appropriately addressed all of the Student’s educational needs?
  3. Should the hearing officer order an independent educational evaluation at public expense?
  4. Should the hearing officer award compensatory education for the relevant period from November 24, 2007 through February 23, 2010?
  5. Should the hearing officer award prospective relief?
T-K-Delaware-Valley-ODRNo-00501-0910-KE

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