Philadelphia City School District | Case 7939-07-08 | 2008-01-17
Pennsylvania special education due-process decision
- Case number
- 7939-07-08
- Date
- 01/17/2008
- Parties / district (official listing)
- Philadelphia City School District
- Hearing officer
- Debra Wallet
- Issues (official listing)
- Compensatory Education Evaluation
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Decision text
Page 1
This is a redacted version of the original hearing officer decision. Select details may have been removed
from the decision to preserve anonymity of the student. The redactions do not affect the substance of the
document.
DECISION
Due Process Hearing for CC
ODR File No. 7939/07-08 LS
Date of Birth: xx/xx/xx
Date of Hearing: Oc tober 29, October 30, 2007 – Closed Hearing
Parties to the Hearing
: R e p r e s e n t a t i v e :
H e a t h e r M . H u l s e , E s q .
M c A n d r e w s L a w O f f i c e s
3 0 C a s a t t A v e n u e
Berwyn, PA 19312
School District of Philadelphia Kimberly A. Caputo, Esquire
440 N. Broad Street, 3
rd Floor Assistant General Counsel
Philadelphia, PA 19130 Sc hool District of Philadelphia
440 N. Broad Street, 3rd Floor
Philadelphia, PA 19130
Hearing Officer: Debra K. Wallet, Esq.
Record Closed: January 2, 2008
Date of Decision: January 17, 2008
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BACKGROUND:
Student is a xx-year-old (date of birth xx/xx/xx) student attending the [redacted] High
School within The School District of Philadelphia [hereinafter School District]. Although
Student has average intellectual ability, she has been diagnosed with a Specific Learning
Disability in reading. Because of her age, Student is also eligible for transition services.
Parent’s due process complaint requests compensatory education from the 1999-2000
school year through the 2006-2007 school year, with the exception of the 2005-2006 school
year when the School District was not the Local Educational Agency (LEA).
The legal issues to be decided are the application of the statute of limitations and the
exceptions thereto under The Individuals with Disabilities Education Improvement Act of
2004, 20 U.S.C. §1400 et seq. [hereinafter IDEIA], the provision of appropriate programs and
placements for those years not barred by the statute of limitations, and the School District’s
Child Find obligations.
ISSUES
:
1. Are claims prior to July 27, 20051 barred by the statute of limitations?
2. Does either of the exceptions to the two-year limitation period apply in this
case?
3. Was Student provided FAPE from July 27, 2005 through the balance of the
summer?
4. Was the Student provided with FAPE during the 2006-2007 school year?
1 The School District contends that because it was not initially served with the due process request until August 8,
2007, this August date should be used as the significant date for the statute of limitations argument. The Hearing
Officer rejects this argument. The statutory provision speaks in terms of when an impartial due process hearing
has been requested. The request was made July 27, 2007 (HO-1).
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5. Has the School District failed in its Child Find obligations?
FINDINGS OF FACT
:
1. Student is a xx-year-old (date of birth xx/xx/xx) enrolled in the School District’s
High School. (P-1).
2. On July 27, 2007, Parent requested a Due Process Hearing seeking
compensatory education from the 1999-2000 school year to the present for an alleged failure to
identify Student as an individual with a disability and to provide Student with a Free
Appropriate Public Education [hereinafter FAPE]. (HO-1).
3. Because of an erroneous identification of the LEA as the [redacted] Charter
School, School District counsel did not receive the complaint until August 8, 2007. (HO-1;
N.T. 19-20).
4. Both parties participated in a pre-hearing telephone conference with the Hearing
Officer on September 5, 2007.
5. The Hearing Officer issued an Interim Order on October 16, 2007 denying the
motion made by the School District to strike the due process request because the School
District was not the LEA for all years in question and to suspend the matter because Parent has
failed to participate in a meaningful fashion in the October 2, 2007 resolution session. For the
reasons set forth in that Interim Order, the motion was denied. (HO-15).
6. The Hearing Officer took testimony and received documentary evidence at due
process hearings on October 29 and 30, 2007.
7. The following exhibits were admitted: Hearing Officer Exhibits HO-1 through
HO-15; Parent Exhibits P-A, P-1 through P-15; and School District Exhibits D-1, D-11, D-12,
D-13, D-14, D-14B, D-15, D-17, D-21, D-22, D-25, and D-26. (N.T. 345-350).
8. In lieu of an additional hearing date, the parties entered into joint stipulations
consisting of 27 numbered facts. The Hearing Officer has marked this document as HO-16
and incorporates these numbered stipulations into this decision in their entirety.
9. As part of HO-16, additional documents were attached and will be admitted into
the record by agreement of counsel. These documents are D-3, D-4, D-6, D-8, D-9, D-10,
P-16, P-17, and P-18.
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10. Parent did not attend the first day of hearing on October 29 but submitted a
statement through counsel indicating that she was unable to take off work on that date. She
further indicated that she had no objection to the hearing proceeding in her absence. (P-A;
N.T. 165).
11. Two witnesses testified at hearing: Ms. K, Special Education Director for
South Region and Mother.
12. According to Mother, Student began to have difficulties in school in the fifth
grade year. (N.T. 259).
13. Student attended classes within the School District until 2005-2006 when she
attended a Charter School. (D-1).
14. A re-evaluation report completed April 21, 2006, while Student was in the
eighth grade at the Charter School, determined that Student had a specific learning disability
and that there continued to be a severe discrepancy between achievement and ability requiring
special education and related services. Scores on the WISC-IV indicated a full scale
intellectual functioning in the average range with subtest scores scattered from low to high
average. Student’s attention and concentration faltered somewhat on the Bender-Gestalt
Memory Test and she was unable to complete the test at age level expectations. Reading and
phonics continued to be weak but no problems in math are noted. (P-2).
15. Student left the Charter School because it only provided education through the
eighth grade. (N.T. 303).
16. Student came to High School in September 2006 for the ninth grade. The
record contains no precise information about exactly when Student enrolled in the School
District. (N.T. 112).
17. While at the High School, Student had a school day consisting of eight periods
for approximately 50 to 55 minutes per period. (N.T. 181).
18. After returning to the School District from the Charter School, no
comprehensive multi-disciplinary team evaluation was performed to assess Student’s
educational needs. The School District chose instead to focus on a Woodcock Reading
Mastery G Test. (P-10, pp. 5, 9).
19. Student failed reading at the Charter School. (D13; N.T. 301).
20. Upon Student’s return to the School District, the first IEP developed for Student
was November 3, 2006. (P-3).
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21. This first IEP was not written in objective, measurable terms. Notably, the
November 3, 2006 IEP contained the goal: “Demonstrate fluency and comprehension in
reading” with an objective to read “grade-appropriate narrative and expository text with
comprehension” but what was “grade appropriate” was not defined or otherwise clarified in
the IEP. (P-3, p. 10).
22. The November 3, 2006 IEP failed to identify precisely what instruction would
be used to address the reading deficiencies. (P-3).
23. The School District’s Director of Special Education testified that grade
appropriate level for Student would be ninth grade, but at the time of last testing Student was
reading only at the fourth to fifth grade level. (P-3, p. 10; N.T. 66-72).
24. The IEP resulting from the November 3, 2006 meeting showed a current level
of performance in literacy at instructional level 5. All three literacy and one transition goals
were extremely general: 1. “will identify and describe basic facts and ideas in text using
specific strategies,” as measured by the objectives of summarizing main ideas and supporting
details and retelling important facts from a text heard or read; 2. “will demonstrate fluency
and comprehension in reading” as measured by grade-appropriate narrative and expository text
reading with comprehension and using letter-sound knowledge to decode written language; 3.
“write multi-paragraph informational pieces . . .” by writing, revising and proofreading papers
of more than one paragraph and experimenting with writing various literacy forms at various
grade levels. The transition goal was to “become aware of vocational strengths and begin to
plan for life after high school evaluation. . .” (P-3).
25. Parent approved the placement in a NOREP signed December 4, 2006. (D-17;
N.T. 190-191).
26. The School District’s Director of Special Education testified that she had no
personal knowledge of Student’s IEPs. The School District called no witnesses with personal
knowledge of Student’s IEPs, her behavior in school, or her reading abilities. (N.T. 39).
27. After Parent contacted the Office for Dispute Resolution (ODR) in January or
February 2007, a facilitation process occurred in March 2007. (P-14; N.T. 247-250).
28. Student’s behavioral difficulties were discussed at this facilitation meeting and
after instances of exclusion from school, but no Functional Behavioral Assessment was
suggested nor did the School District develop a Behavioral Support Plan at any time. (N.T.
252; 265).
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29. Student was issued a number of exclusions from school and requests for parental
conferences for behavioral deficiencies between October 2006 and March 2007. Most of these
were for disruptions and offensive language. (P-8).
30. By March 2007, Parent believed Student was struggling in school. (N.T. 251).
31. On March 28, 2007, Student allegedly chased a male student, threw a textbook
at him, and kicked him. (P-9).
32. The IEP resulting from a March 29, 2007 IEP meeting contained four literacy,
one behavior, and one transition goal. It referenced reading levels two or more grades below
grade level. Student was to spend one class period a day in the resource room and participate
in one special education English class. (P-7).
33. The March 29, 2007 IEP failed to make any reference to any of the disciplinary
referrals for disruption in school, including the one occurring the day before the meeting. (P-
7; N.T. 105).
34. Although the March 29, 2007 IEP is somewhat more specific in the literacy
goals, the behavioral goal focused only on improving attendance and on-time behaviors.
(Compare P-3 to P-7).
35. When the IEP team met on March 29, 2007, it had in its possession an
independent psychoeducational evaluation identifying Student’s dysthmic disorder and
disruptive behavior disorder. (P-13; N.T. 240-241).
36. The November 2006 report of Dr. S, a licensed psychologist, concluded that
Student needed intensive specialized reading instruction and services for her serious social-
emotional problems. (P-13, pg. 6).
37. Parent sought therapy for Student with Dr. S because she was one of the
therapists listed on her insurance. Student engaged in therapy with Dr. S from approximately
August 2006 through June 2007, one time per week. (N.T. 287-288).
38. In or around March 2007, the School District conducted a Comprehensive
Student Assistance Process Meeting (hereinafter C-SAP). (N.T. 176).
39. Student’s report card shows behavioral improvement from the first marking
period through the final marking period in intensive English, algebra, and intensive math. (D-
26; N.T. 178-180).
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40. Student showed less than average behavior in physical education during the
fourth marking period. Student maintained average behavior in the resource room. (N.T.
180).
41. Student was assessed in the area of math in or around May 2007 using an
assessment called Key Math. She was scoring above the twelfth grade level in mathematics.
(P-1, pg. 5; D-22; N.T. 215-218).
42. The June 8, 2007 IEP contained no goals for reading comprehension and
reading fluency. (P-1; N.T. 124-125).
43. In the June 8, 2007 IEP, under Student’s present level of functional
performance, Student is still listed as being disruptive on sixteen occasions, having left class
without permission on six occasions, and having fought with another student on one occasion
over a three-month time period. Behavioral difficulties included yelling, talking, cursing, and
fighting with other students. (P-1, pg. 6; N.T. 57-58).
44. According to the Special Education Director for the South Region, if there are
significant behavioral difficulties, the School District would do a functional assessment of
behavior. (N.T. 56).
45. The only behavioral goal in June 2007 is to “improve class attendance to 90
percent each week monthly.” (P-1, p. 17).
46. The June 8, 2007 IEP is internally inconsistent in that on page 7 it states that
Student’s attendance in core curriculum classes and inappropriate behavior impede her ability
to make progress in the general education curriculum. However, page 4 states that her
behavior does not impede her ability to progress and therefore no Functional Behavior
Assessment or Behavior Support Plan is being developed. (P-1).
47. The IEP resulting from the meeting of June 8, 2007 contained goals in literacy:
to increase vocabulary by learning five vocabulary words per week at 80% accuracy monthly,
to use phonics skills to decode unfamiliar words in reading passages weekly with an 80%
accuracy monthly, and to write answers to open ended questions using a writing strategy
monthly with an 80% accuracy over a three-month period. The placement was “resource”
with learning support, spending one class period a day in the resource room. Accommodations
included extended time, directions read aloud, and a small group setting. (P-1).
48. The transition goals were for independent living and employment. (P-1).
49. In response to the June 2007 IEP, Parent signed a Notice of Recommended
Educational Placement (NOREP). Parent approved of the proffered program. (D-25; N.T.
184-185).
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50. Student’s scores on the Woodcock Reading Mastery Tests demonstrated that
Student may have regressed in word comprehension from 7.7 to 6.5 grade equivalent between
November 2006 and May 2007. (P-10; P-3, p. 5; N.T. 120-122).
51. Student received tutoring in November 2007 through April 2008 on Saturdays.
This was arranged through the School District. (N.T. 243-246).
CONCLUSIONS OF LAW
1. This Hearing Officer has jurisdiction over the identification, evaluation,
placement or provision of FAPE to Student.
2. The School District failed in its affirmative obligation to evaluate Student’s
behavioral needs when it had sufficient reason to believe that Student needed a behavioral
assessment.
3. The School District failed to provide FAPE for the 2006-2007 School Year.
4. The School District is entitled to a reduction of any compensatory education
award for a period of two months after the beginning of the 2006-2007 school year, that being
the period needed for reasonable rectification of any denial of FAPE.
5. Claims for compensatory education prior to July 27, 2005 are barred by the
statute of limitations contained in IDEIA.
6. Neither of the two exceptions to the IDEIA statute of limitations is applicable in
this case.
7. Claims for a remedy under Section 504 for acts prior to July 27, 2005 are
barred by the statute of limitations.
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DISCUSSION OF ISSUES
1. Are claims prior to July 27, 2005 barred by the statute of limitations?
The legal analysis concerns the following statutory provision:
(C) Timeline for requesting hearing
A parent or agency shall request an impartial due process
hearing within 2 years of the date the parent or agency
knew or should have known about the alleged action that
forms the basis of the complaint, or, if the State has an
explicit time limitation for requesting such a hearing under
this part, in such time as the State law allows.
Section 1415 of the IDEIA, 20 U.S.C. §1415(f)(3)(C).
The Special Education Appeals Panel has an alyzed the legislative intent behind this
section and determined that if the parent fails to file for due process within two years of the
first “known” or “should have known” denial of FAPE and the denial continues through
subsequent years, parent may still recover compensatory education for the last two years
before the due process request was filed. In Re: The Educational Assignment of S.I., Special
Education Opinion No. 1850 (2007).
Applying this analysis to the facts here, the “look back” period is limited to the two-
year period immediately preceding the July 27, 2007 filing. Hence, recovery of any remedy
for claims prior to July 27, 2005 is barred unless some exception is deemed to apply.
Parent has requested a “separate order” (N.T. 34) with respect to her claims of
discrimination under Section 504 of the Rehabilitation Act of 1973, 20 U.S.C. §793
[hereinafter Section 504]. Although Section 504 does not contain a statute of limitations, the
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federal courts have applied that state statute which is most analogous to the federal claim. In
Pennsylvania, courts have held that a two-year statute of limitations for personal injury claims
is applicable to Section 504. Zankel v. Temple University, 2006 U.S. Dist. LEXIS 22473;
Barclay v. Amtrak, 343 F. Supp. 2d 429, 433 (E.D. Pa. 2004) (quoting Saylor v. Ridge, 989
F. Supp. 680, 686 (E.D. Pa. 1998). The Hearing Officer specifically rejects any legal
argument that a period longer than two years should be recognized to file a claim of
discrimination under Section 504.
2. Does either of the exceptions to the two-year limitation period apply in this case?
The two-year statute of limitations does not apply if a parent was prevented from
requesting a hearing because of misrepresentations or the withholding of information:
(D) Exceptions to the timeline
The timeline described in subparagraph (C) shall not apply
to a parent if the parent was prevented from requesting the
hearing due to--
(i) Specific misrepresentations by the local educational
agency that it had resolved the problem forming
the basis of the complaint; or
(ii) the local educational agency’s withholding of
information from the parent that was required
under this part to be provided to the parent.
Section 1415 of the IDEIA, 20 U.S.C. §1415(f)(3)(D).
Parents contend that the Oct ober 6, 2004 IEP (P-11) misrepresented to Student’s Parent
that Student “has made significant progress during the past school year in all areas. . .. She
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has increased her reading levels by 1-2 years (vocab + comprehension).” According to the
Parent’s argument, the School District repeatedly told her that her daughter was doing well and
failed to provide any test results demonstrating this progress. (N.T. 243). The issue to be
decided is whether or not these statements rise to the level of misrepresentations contemplated
by the exceptions to the two-year statute of limitations.
While what constitutes a “sp ecific misrepresentation” for purposes of the statutory
provision has not been defined, this phrase must mean some intentional act which is knowing
and false. In order to overcome the specific limitations period, the evidence must show
something more than simply professional errors or misjudgments. Measured against these
standards, this Hearing Officer cannot hold that the record shows specific misrepresentations.
It is not surprising that the School District would encourage Parents by stating that there was
progress during the school year. This alone is not sufficient showing of a “specific
misrepresentation.”
According to the Parent’s second argument, because the School District failed to
conduct any relevant assessments and failed to provide accurate, objective, and measurable
present levels of education, these facts constitute a withholding of necessary information. She
contends that she was never told at any IEP meetings that she had the option of requesting a
due process hearing and was never advised of the statute of limitations. (N.T. 335-336).
It is likely, indeed, that Parent knew nothing of the statute of limitations. Unfortunately
for the Parent’s argument, the record is replete with procedural notices received by Parent
which clearly contain instructions regarding the initiation of the administrative hearing process.
(See, e.g., P-12; HO 16, Stipulations 8, 9, 13). Given these notices, it is difficult to find that
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Parent was completely ignorant of her right to request a hearing.
Parent asserts that the IEPs were deficient in providing, for example, measurable
present levels of educational achievements and that these omissions rise to the level of
“withholding of information.” Again, the law requires more than this. Otherwise, the
exceptions would swallow up the limitations period. It is unlikely that this is what Congress
intended.
Having found that neither of the specific statutory exceptions describes what occurred
here, the two-year limitation period must be applied to the facts of this case.
3. Was Student provided FAPE from July 27, 2005 through the balance of the
summer?
On October 26, 2004, Parent approved the program offered by the School District,
including specially designed instruction. (D-9). This IEP did not provide for extended school
year services for the summer of 2005. (P-11, p. 8).
The record is somewhat unclear as to when the decision was made to enroll Student at
the Charter School for the 2005-2006 school year. Nevertheless, there is no evidence on
which the Hearing Officer could conclude that the School District knew or should have known
of programmatic deficiencies sufficient to trigger ESY for the balance of the summer of 2005.
Significantly, this would encompass only the month of August 2005.
Student had not been a student in the School District for an entire year. Without
question, the School District would have needed more notice to effectuate programming for the
summer of 2005. Consequently, there will be no finding of a failure to provide FAPE for the
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very limited part of the summer following July 27.
4. Was the Student provided with FAPE during the 2006-2007 school year?
The Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C.
§1400 et seq., is the Federal Statute designed to ensure that “all children with disabilities have
available to them a free appropriate public education,” (FAPE). §1400(d)(1)(A). Under
IDEIA, school districts must create an “individualized education program” (IEP) for each child
with a disability. 20 U.S.C. §1414(d). An appropriate program is one that is provided at no
cost to the parents, is provided under the authority of the District, is individualized to meet the
educational needs of the student, is reasonably calculated to yield meaningful educational
benefit, and conforms to applicable federal requirements. Rowley v. Hendrick Hudson Board
of Education, 458 U.S. 176 (1982); 20 U.S.C. §1401(8). The Third Circuit Court has
interpreted Rowley as requiring school districts to offer children with disabilities individualized
education programs that provide more than a trivial or de minimus educational benefit. Polk v.
Central Susquehanna Intermediate Unit 16, 853 F.2d 171, 180-85 (3d Cir. 1988), cert. denied,
188 U.S. 1030 (1989). Specifically, the Third Circuit defined a satisfactory IEP as one that
provides “significant learning” and confers “meaningful benefit.” 853 F.2d at 182-184. See
also, Board of Education of East Windsor Sch. Dst. v. Diamond, 808 F.2d 847 (3d Cir. 1986).
When a student’s behavior impedes his learning or that of others, behavioral
interventions may be appropriate. 34 CFR 300.324(a)(2). Behavior support programs should
include a variety of techniques permitting the student to develop and maintain skills which
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address problem behaviors. 22 Pa. Code 14.133. The School District here took no real action
to evaluate and identify Student’s behavioral problems and to determine what actions, if any,
may be necessary. The IEP Team took no specific action following receipt of the
neuropsychological evaluation which surely put it on notice of a need to evaluate.
Inexplicably, the School District appeared to ignore completely the myriad of behavioral
incidents identified by its own teachers. (P-8, P-9). Consequently, the Hearing Officer has
found that the IEP’s for the 2006-2007 school year are certainly deficient in the behavioral
area. A prompt evaluation should have been completed. Without an evaluation, the IEP is
deficient because it failed to address documented behavioral issues.
Of equal importance, this Student demonstrated a need for reading intervention. She
was significantly below grade level and the goals and objectives relating to literacy are so
vague and incomplete that any measurement of progress appears impossible. The words
“improve” do not assist in determining to what degree and how far Student must improve to
meet these goals. The Hearing Officer must agree with Parent that the objectives are not
sufficiently particularized to the goal statements and there are no baseline measures associated
with these goals and objectives. The only evidence of record is that assignment to the
Resource Room was not very much help, particularly if Student used the Resource Room time
to roam the halls and linger in the bathroom. (N.T. 320-321).
The transition planning is quite sketchy and wholly unhelpful. Based on pertinent law,
transition requires a coordinated set of activities that promotes movement from school to post-
school activities, including postsecondary education, vocational training, integrated
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employment, independent living, or community participation; is based on the individual
student’s needs, taking into account the student’s preferences and interests; and includes
instruction; related services; community experiences; the development of employment
and other post-school adult living objectives; and, if appropriate, acquisition of daily
living skills and functional vocational evaluation. In Re: Educational Assignment of D.S.,
Special Education Opinion No. 1857 (2007). The transition plan in this case does nothing to
help Student progress from her current school situation. It should have focused on her reading
and behavioral difficulties.
The Hearing Officer would have welcomed any testimony in support of these IEPs, but
the School District chose not to present a single witness to explain and support them. The only
school district witness (called by the Parent) had no personal knowledge of Student. (N.T.
39). The only reasonable conclusion on this record is that the IEP’s dated November 3, 2006,
March 29 and June 8, 2007 were deficient and the implementation of those IEP’s constituted a
denial of FAPE for the 2006-2007 school year. These IEP’s simply were not tailored to the
individual needs of this Student consistent with her apparent potential. 34 CFR 300.347(a).
When a school district fails to provide FAPE, compensatory education is an available
remedy. Lester H. v. Gilhool, 916 F.2d 865 (3d Cir. 1990). The computation of
compensatory education should be from the time the school district “knew or should have
known of [the] programmatic deficiency.” M. C. v. Central Regional School District, 81 F.3d
389, 397 (3d Cir. 1999). Further, a school district is entitled to a reduction of the
compensatory education award for a period of reasonable rectification. Id.; See also, In Re
L.C. and the Philadelphia School District, Special Education Opinion No. 1809 (2007). The
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purpose is to design compensatory education to replace that which was denied and to make the
child “whole.” See B.C. v. Penn Manor Sch. Dist., 805 A.2d 642 (Pa. Commw. 2006).
Two months after the beginning of the school year is sufficient time within which the
School District could have performed the necessary evaluations and rectified any denial of
FAPE by implementing a more complete and reasoned IEP. After Student returned to the
School District, a proper evaluation, especially of Student’s reading abilities, should have been
made to determine appropriate programs and placement for this Student. At least by
November 1, an appropriate IEP should have been in place. Consequently, compensatory
education will be awarded from November 1, 2006 through the present.
At least two hours per day should have been used to assist Student in her reading
difficulties and to address her behavioral needs. The School District assigned one hour to the
resource room; an additional hour should be sufficient to make Student “whole.” However,
as discussed, Student’s recovery of compensatory education is limited by the applicable statute
of limitations and a reasonable rectification period.
In addition, the School District will be ordered to perform any necessary evaluations.
5. Has the School District failed in its Child Find obligations?
The Court in Veschi v. Northwestern Lehigh School District, 772 A.2d 469 (Pa.
Cmwlth 2001), held that the primary responsibility for identifying exceptional children and
developing educational programs to meet their needs rests with the local school district. Here,
Parent contends that the School District failed in its initial obligation to commence an
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evaluation when Student failed second grade in 1999. This is well outside the period over
which this Hearing Officer has jurisdiction.
Parent further argues that the School Distri ct continued to neglect its obligation to
evaluate this student’s learning disabilities and to address them. The Hearing Officer does
agree that a current evaluation is warranted and it will be ordered. No other remedy is
appropriate.
ORDER
In accordance with the foregoing findings of fact and conclusions of law, it is hereby
ORDERED that:
1. Within thirty (30) calendar days of the receipt of this Order, the School District
must complete, at School District expense, a comprehensive and in-depth reevaluation report
considering both Student’s behavioral needs as well as her need to improve reading skills.
2. Within fifteen (15) calendar days of the receipt of the reevaluation report,
Student’s IEP team must convene for the purpose of developing the Student’s specific program,
services, and placement based upon Student’s needs.
3. Because of the denial of FAPE from November 1, 2006 through the present,
Student is entitled to compensatory education at the rate of two hours per day multiplied by the
number of school days that Student attended school between November 1, 2006 and the date
that an appropriate IEP is in place.
4. Student shall be assumed to have attended school unless the School District has
documentation of absences on specific days.
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5. Student’s Parent shall decide how the compensatory education hours should be
spent so long as they take the form of appropriate developmental, remedial, or enriching
instruction or counseling that furthers the Student’s needs and furthers the goals of the
Student’s future IEP’s.
Date: January 17, 2008 _____________ ______________
D e b r a K . W a l l e t , E s q .
H e a r i n g O f f i c e r
2 4 N o r t h 3 2
nd Street
Camp Hill, PA 17011
(717) 737-1300
