Decision
Due Process Hearing for TW
Date of Birth: xx/xx/xx
File Number: 8245/07-08AS
Dates of Hearings: February 20, 2008; March 3, 2008; March 19, 2008; April 11, 2008; April 25, 2008; May 2, 2008; May 21, 2008; May 28, 2008
CLOSED HEARING
Parties:
Mr. and Mrs.
Ms. Sue Miller
Upper Perkiomen School District 2229 E. Buck Road
Pennsburg, PA 18073
Representatives:
Jennifer Bradley, Esq Suite 320
1105 Berkshire Boulevard Wyomissing, PA 19610
Gail Weilheimer, Esq 484 Norristown Road Suite 100
Blue Bell, PA 19422
Date Transcript Received: June 5, 2008
Date Closing Arguments Received June 16, 2008
Date of Decision: June 27, 2008
Hearing Officer: David F. Bateman, PhD
I. BACKGROUND
Student is a primary school age eligible former resident of the School District (District) who was labeled as a student with an emotional disturbance, and whose Parents requested this Hearing on three specific issues. They seek an award of compensatory education for inappropriate services from the beginning of the 2006-2007 school year to August 2007. They seek compensatory education for a lack of related services provided during the 2006-2007 school year, and they seek compensatory education for extensive time on the bus as Student was transported to and from school. The District alleges the program was appropriate, and the student is due compensatory hours for missed related services, but not to the extent demanded by the Parents.
III. ISSUES PRESENTED
1) Is Student eligible for compensatory education for inappropriate services for a denial of a free appropriate public education for the school year of 2006-2007 and the summer of 2007?
2) Is Student eligible for compensatory education for a denial of a free appropriate public education for excessive transportation time?
3) What is the appropriate amount of compensatory education due for a lack of related services during the 2006-2007 school year?
TW-Upper-Perkiomen-ODRNo-8245-07-08AS