Delaware Valley School District v. Daniel G. Ex Rel. Robert

800 A.2d 989, 2002 Pa. Commw. LEXIS 423
CourtCommonwealth Court of Pennsylvania
DecidedMay 23, 2002
StatusPublished
Cited by4 cases

This text of 800 A.2d 989 (Delaware Valley School District v. Daniel G. Ex Rel. Robert) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Delaware Valley School District v. Daniel G. Ex Rel. Robert, 800 A.2d 989, 2002 Pa. Commw. LEXIS 423 (Pa. Ct. App. 2002).

Opinions

OPINION BY

Judge SMITH-RIBNER.

The Delaware Valley School District (District) petitions the Court for review of the May 9, 2001 order of the Special Education Appeals Panel (Appeals Panel). The Appeals Panel affirmed a Special Education Hearing Officer’s decision to require the District to reimburse Robert and Mary G. (Parents) for tuition, boarding and transportation costs for their 13-year-old son Daniel’s placement at the Oakland School, a private school located in Kes-wick, Virginia, and to require the placement to remain until the District offers Daniel an appropriate program. The hearing officer determined that the District did not offer an appropriate program for the 2000-2001 school year and that the Parents’ unilateral placement was appropriate. The District contends that the hearing officer capriciously disregarded evidence in making her findings of fact, failed to apply the proper standard of law in determining the appropriateness of the [991]*991Parents’ unilateral placement and failed to issue a reasoned decision.

Daniel suffers from a neurological “decoding disorder” that complicates his education primarily in the areas of reading, language arts and writing. Daniel’s difficulties began at an early age. At three months, he was diagnosed with vision problems, specifically strabismus nystag-mus. He was diagnosed as autistic at the age of nineteen months and was enrolled in an early intervention program. The autism diagnosis was eventually dropped, and Daniel entered a regular kindergarten program in the District, but he encountered difficulties there and failed to progress in the curriculum. Daniel attended 1st grade in a school in Virginia, and he was identified by the Virginia school system as eligible for special education as well as speech and vision therapy.

Daniel moved back to the District in 2nd grade, where he was placed in regular education with speech/language and vision support. Toward the end of that school year, the District conducted a Comprehensive Evaluation Report (CER) of Daniel, which found that: “Danny is functioning within the 2nd grade level of the curriculum in most academic areas. In reading and language arts, his instructional level is approximately at a late kindergarten to early 1st grade level.” CER 4/25/1996. The District concluded that Daniel met the criteria for a classification of Specific Learning Disability in the areas of reading and language arts. In the 3rd grade, the District expanded Daniel’s instructional areas to include math. In 4th grade, Daniel was still reading at a “borderline instructional level at the pre-primer level.” CER 9/10/1997. In 5th grade, Daniel was reading at a grade 1.7 level. CER 4/12/1999.

On September 28, 1999, the Parents wrote to the District expressing their concern that Daniel develop reading skills in the coming school year (6th grade) and stating their intention to consider placing Daniel in a private school, for which they would ask the District to pay, if a plan could not be developed to meet Daniel’s needs, taught by trained staff. In the CER conducted at the end of Daniel’s 6th grade, the District reported that Daniel had achieved an ability to read somewhere between a grade 1.9 and a grade 3.3 equivalency.1 CER 5/9/2000. The Parents agreed to the findings and recommendations of the CER. An Individualized Education Plan (IEP) meeting for Daniel was held on June 12 and 13, 2000. Among other things the IEP provided for Daniel to receive specially designed instruction of one period each day to work on phonemic awareness skills (Lindamood-Bell LIPS Program), daily periods of group instruction in language arts and reading in the special education classroom and flexible scheduling to permit additional one-to-one reading instruction as needed.

On July 7, 2000, the Parents wrote to the District expressing concern over Daniel’s lack of progress and dissatisfaction with the IEP, which they considered “only a variation of what had been done in the past.” The Parents asked that the District [992]*992consider placing Daniel in either the Ma-plebrook School in Amenia, New York or the Oakland School in Keswick, Virginia, which are private schools that specialize in remedial instruction in reading, spelling and written language. The Parents indicated that they were open to other suggestions and asked whether the District knew of any closer schools that specialized in reading instruction. The District responded in a July 17, 2000 letter that it did not anticipate a change in the recommended placement at the Dingman-Delaware Middle School for Daniel’s 2000-2001 school year, and the District did not respond to the Parents’ request for school suggestions.2

The District requested a due process hearing pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1487,' on August 2, 2000 when it became clear to the District that the Parents had placed Daniel at the Oakland School. Hearings were held before the hearing officer in November 2000, January 2001 and February 2001. After considering the evidence before her and making findings of fact based upon it, the hearing officer concluded that the District did not offer Daniel an appropriate program. For the hearing officer, the central fact was that Daniel’s programs and placements had not afforded him meaningful progress in reading during his five instructional years from grades 2 through 6. The hearing officer further concluded that the Oakland School is appropriate to meet Daniel’s extensive educational needs. Both parties had contributed to delay in the case, and so the equities balanced. Accordingly, the hearing officer ordered the District to reimburse the Parents for tuition, boarding and transportation costs for Daniel’s placement at the Oakland School and to continue Daniel’s placement there until the District offers him an appropriate program. The Appeals Panel denied the District’s exceptions and affirmed the hearing officer’s order.3

The District first contends that the hearing officer “capriciously disregarded” the District’s proposed factual findings and that her decision “was not based on the weight of the evidence.” District’s brief, at p. 9. The District provides multiple examples where it contends that the hearing officer “distorted the evidence.” Id. The District concedes that the findings are technically accurate, but it contends that the findings are incomplete because they do not include additional information favorable to the District. The District misapprehends this Court’s appellate function. The capricious disregard standard of review, urged by the District, is appropriate only when the burdened party is the sole party to present evidence and does not prevail. See Russell v. Workmen’s Compensation Appeal Board (Volkswagen of America), 121 Pa.Cmwlth.436, 550 A.2d 1364 (1988).

Because both parties presented evidence in this case, the Court’s review of [993]*993the factual findings is limited to determining whether the findings are supported by substantial evidence. Conrad Weiser Area School District v. Department of Education, 145 Pa.Cmwlth. 452, 603 A.2d 701 (1992).

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Related

Daniel G. Ex Rel. Robert G. v. Delaware Valley School District
813 A.2d 36 (Commonwealth Court of Pennsylvania, 2002)
Great Valley School Dist. v. DOUGLAS M.
807 A.2d 315 (Commonwealth Court of Pennsylvania, 2002)
Delaware Valley School District v. Daniel G. Ex Rel. Robert
800 A.2d 989 (Commonwealth Court of Pennsylvania, 2002)

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800 A.2d 989, 2002 Pa. Commw. LEXIS 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delaware-valley-school-district-v-daniel-g-ex-rel-robert-pacommwct-2002.