TL vs. Delaware County IU/EI Program

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: T.L.

ODR #13561/12-13KE

Date of Birth: [redacted]

Dates of Hearing: April 15, 2013 May 8, 2013

CLOSED HEARING

Parties to the Hearing: Parents

Delaware County IU/EI Program 200 Yale Avenue
Morton, PA 19070

Representative:
Dean Beer, Esquire McAndrews Law Offices 30 Cassatt Avenue Berwyn, PA 19312

Gabrielle Sereni, Esquire Raffaele & Puppio
19 W. Third Street Media, PA 19063

Date Record Closed: May 25, 2013

Date of Decision: June 6, 2013

Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official

Background

The Child1 who is the subject of this decision is a preschooler who is eligible for special education pursuant to the Individuals with Disabilities Education Act [hereinafter IDEA] and PA Chapter 14 under the current classification of hearing impairment, and is consequently a protected handicapped individual under Section 504 of the Rehabilitation Act of 1973 [Section 504] and PA Chapter 15, as well as the federal and state regulations implementing those statutes.

This matter concerns a due process request from the Parents who are seeking tuition reimbursement for their Child’s unilateral private preschool placement at the [Redacted] School [hereinafter CS]. The Delaware County Intermediate Unit [hereinafter IU] maintains that it has offered the Child a free appropriate public education [hereinafter FAPE] and that tuition reimbursement should be denied.

T-L-Delaware-County-ODRNo-13561-12-13KE

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