TZ vs. Wissahickon School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION

Child’s Name: T.Z.

Date of Birth: [redacted]

Dates of Hearing: October 19, 2011 December 13, 2011 December 15, 2011

CLOSED HEARING

ODR File No. 2079/1112AS

Parties to the Hearing: Mr. and Mrs.

Wissahickon School District 601 Knight Road
Ambler, PA 19002

Representative:

Frederick M. Stanczak, Esquire 179 North Broad Street Doylestown, PA 18901

Scott H. Wolpert, Esquire Timoney Knox LLP
400 Maryland Drive
P. O. Box 7544

Fort Washington, PA 19034

Date Record Closed: January 9, 2012

Date of Decision: January 21, 2012

Hearing Officer: Cathy A. Skidmore, M.Ed., J.D.

INTRODUCTION AND PROCEDURAL HISTORY

Student1 is a high school-aged student in the Wissahickon School District (District) who is eligible for special education pursuant to the Individuals with Disabilities Education Act (IDEA)2 by reason of a Specific Learning Disability, and Other Health Impairment, and a Speech/Language Impairment. Student’s Parents filed a due process complaint against the District in July 2011, asserting that it denied Student a free, appropriate public education (FAPE) under the IDEA.

The case proceeded to a due process hearing convening over three sessions, at which the parties presented evidence in support of their respective positions. The Parent sought to establish that the District failed to offer Student FAPE in the program it proposed for the 2011-12 school year and that they were entitled to reimbursement for private school tuition and related expenses, while the District maintained that its special education program, as offered, was appropriate for Student and that no remedy was due.

For the reasons set forth below, I find in favor of the District.

ISSUES

  1. Whether the District’s proposed program for Student for the 2011- 12 school year was appropriate; and
  2. If it was not, are Student’s Parents entitled to tuition reimbursement for Student’s placement in a private school for that school year?
T-Z-Wissahickon-ODRNo-2079-1112AS

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