To remedy the alleged violations, the Parents are seeking hour-for-hour compensatory education for the time spent in 2nd and 3rd grade. The Parents argue that the Student’s reading program fails to include direct instruction in phonemic awareness, phonics, fluency, vocabulary, and comprehension. The Parents also contend the District failed to provide the Student with an appropriate reading instruction in the form of a systemic, structured, sequential, research-based reading program. The Parents oppose the District’s proposal to provide the Student an additional 20 plus minutes a day of one-on-one pull-out specially-designed instruction outside of the regular education classroom. For the reasons set forth in the attached ruling, I am dismissing the ADA claim for lack of jurisdiction therefore, the ADA claim is exhausted.Īs a remedy for the District’s alleged violations of Student’s rights, the Parents ask the hearing officer to order the District to educate the Student in a regular education classroom for all regular/special education academic classes, special subjects and to provide all related services in the regular education classroom to the maximum extent appropriate. The hearing officer directed the Parties to brief the issue whether the hearing officer has subject matter jurisdiction over the Student’s ADA discrimination claims.
The Parents contend the Radnor Township District (District) failed to provide the Student a free appropriate public education (FAPE), as defined in the Individuals with Disabilities Education Act (IDEA) and discriminated against the Student in violation of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). Finding good cause after reviewing each written motion, the Decision Due Date was extended. Both Parties requested extensions of the Decision Due Date at various times throughout the proceedings. Six hearing sessions took place, with the last session ending on September 22, 2016.
This matter was initiated by the Student’s1 Parents through the filing of a due process complaint by Parents’ counsel.
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