Marple Newtown School District Files Complaint Against Parent Over Special Education Reimbursement
On May 13, 2024, the Marple Newtown School District (MNSD) filed a complaint in the United States District Court for the Eastern District of Pennsylvania against C.C., on behalf of her minor child J.C. The school district seeks partial review of a February 16, 2024 decision by a Pennsylvania Special Education Hearing Officer that awarded C.C. reimbursement for two years of private school tuition for J.C., a third-grade student with hearing impairment and multiple special education needs.
The case centers around the Individuals with Disabilities Education Act (IDEA), which mandates that public schools provide a Free Appropriate Public Education (FAPE) to eligible children. According to MNSD, C.C. unilaterally placed J.C. in an inappropriate private school that admitted it could not meet most of his special education needs. Despite this, the Hearing Officer ruled in favor of reimbursing C.C. for the tuition costs incurred at this private institution.
MNSD argues that their proposed educational plan for J.C., which included services such as speech and hearing support, occupational therapy, and physical therapy, was sufficient to meet his needs. They contend that C.C.'s actions have been contradictory; while she initially claimed these services were unnecessary during the due process hearing, she later attempted to compel the district to provide them at the private school through a complaint to the Pennsylvania Bureau of Special Education (BSE). This attempt was unsuccessful as BSE denied her claim.
The school district asserts that the private school selected by C.C. does not offer critical supports necessary for J.C.'s development, including services from teachers specialized in deaf education and audiology support. Furthermore, they argue that J.C.'s progress has regressed since attending the private institution compared to when he was under their care.
MNSD is seeking several forms of relief from the court:
1. A review of the administrative record.
2. Admission of supplemental evidence showing C.C.'s attempts to expand the scope of required services beyond what was initially determined.
3. Reversal of the Hearing Officer’s decision awarding tuition reimbursement.
4. A stay on any responsibility to pay reimbursement or attorney fees pending court review.
5. Any other relief deemed appropriate by the court.
Representing MNSD are attorneys Gabrielle C. Sereni and Linell Lukesh from Sereni Law Group, LLC. The case is presided over by Judge [Honorable's Full Name] under Case ID 2:24-cv-02031-JFM.