WM vs. Interboro School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: WM

ODR #7975/07-08 KE

Date of Birth: Xx/xx/xx

Dates of Hearing: October 26, 2007 November 9, 2007

CLOSED HEARING

Parties to the Hearing: Ms.

Interboro School District
900 Washington Avenue
Prospect Park, Pennsylvania 19076

Representative:
Jennifer Bradley, Esquire McAndrews Law Offices
30 Cassatt Avenue
Berwyn, Pennsylvania 19312

Amy Brooks, Esquire
Wisler, Pearlstine, Talone, et al Office Court at Walton Point
484 Norristown Road – Suite 100 Blue Bell, Pennsylvania 19422-2326

Date Transcript Received: November 14, 2007

Date Closing Arguments Received: December 1, 2007

Date of Decision: December 10, 2007

Hearing Officer: Linda M. Valentini, Psy.D.

Background

Student is a xx year old eligible student, classified as having a specific learning disability in spelling and an other health impairment, who resides in the Interboro School District (hereinafter District) and is currently placed at an alternative educational facility, the [redacted Facility] (hereinafter Facility) pursuant to an incident in school. His mother, Ms. (hereinafter Parent) maintains the District failed in its Child Find responsibilities toward her son by not evaluating and identifying him in a timely manner, and seeks separate orders under the IDEIA and under Section 504 of the Rehabilitation Act for compensatory education from the time that Student was enrolled in the District on September 5, 2005 through the time that he was identified as a student with a disability in March 2007. The Parent is not raising any issue with regard to the appropriateness of the placement at Facility.

Issues

  1. Did the Interboro School District fail in its Child Find obligations toward Student and in so doing deprive him of a free appropriate public education (FAPE)?
  2. If the Interboro School District failed in its Child Find obligations toward Student and in so doing deprived him of a free appropriate public education (FAPE) is he entitled to compensatory education services, and of what kind and amount?
WM-Interboro-ODRNo-7975-07-08-KE

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