ZN vs. Wallingford-Swarthmore School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: ZN

ODR #00390/09-10 KE

Date of Birth: XX-XX-XXXX

Dates of Hearing: December 21, 2009 January 25, 2010 February 19, 2010

CLOSED HEARING

Parties to the Hearing: Mr. and Mrs.

Wallingford-Swarthmore School District 101 Plush Mill Road
Wallingford, Pennsylvania 19086

Representative:
Franca Palumbo, Esquire Thalheimer and Palumbo
1831 Chestnut Street Suite 300 Philadelphia, Pennsylvania 19130

Timothy Gilsbach, Esquire Fox, Rothschild, L.L.P.
10 Sentry Parkway, Suite 200 P.O. Box 3001

Blue Bell, PA 19422-3001

Date Record Closed: March 7, 2010

Date of Decision: March 14, 2010

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

Background

Student1 is a mid-teen aged student who is eligible for special education services and resides in the Wallingford-Swarthmore School District [District]. Student was placed in a private school [Private School] funded by the District for the 2008-2009 school year. The District then proposed a program and placement in its high school for the current 2009-2010 school year. Believing this offer was inappropriate for their child the mother and father [Parents] requested this hearing seeking tuition reimbursement for the current academic year. The Parents also sought reimbursement for an ESY program for the summer of 2009. The Parents prevailed on both issues.

Issues

  1. Did the District offer Student an appropriate program and placement for the 2009- 2010 school year?
  2. Must the District reimburse the Parents for the summer ESY program they procured for their child?
ZN-Wallingford-Swarthmore-ODRNo-00390-09-10-KE

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