Lower Merion School District Files Federal Complaint Against Parents of Special Needs Student
On May 28, 2024, the Lower Merion School District filed a federal complaint in the United States District Court for the Eastern District of Pennsylvania against B.S., a minor child with disabilities, and his parents, T.S. and D.S. The complaint is an appeal from a Special Education Due Process Hearing Officer's decision dated March 1, 2024.
The case centers around allegations that the school district failed to provide B.S., who has been diagnosed with ADHD, Autism Spectrum Disorder (ASD), and Specific Learning Disorder (SLD), with a Free Appropriate Public Education (FAPE) as required under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. The parents initially filed a due process complaint on May 1, 2023, asserting that the district had denied their son appropriate educational services during the 2021-2022 and 2022-2023 school years.
B.S.'s parents allege that he was subjected to improper restraint by school staff on March 9, 2022. According to court documents, B.S. became increasingly aggressive and engaged in behaviors dangerous to himself and others. The school’s Safety Care Team intervened using physical restraints after verbal de-escalation techniques failed. Following this incident, B.S.'s parents removed him from public school and enrolled him in a private institution for the subsequent academic year.
The parents' due process complaint sought various forms of relief including compensatory education for the alleged denial of FAPE during the previous school year, reimbursement for private tuition for the current academic year, and out-of-pocket expenses incurred for related services and therapy since March 9, 2022.
The hearing officer ruled partially in favor of both parties: denying claims related to FAPE for the previous school year but granting tuition reimbursement for the current year along with some out-of-pocket expenses. The ruling also declared that while certain procedural errors were made by the district, they did not amount to a denial of FAPE overall.
In response to this mixed ruling, Lower Merion School District filed an appeal challenging several aspects of the hearing officer's decision. The district argues that its actions were consistent with IDEA regulations and that it provided appropriate support services based on comprehensive evaluations conducted in January and March of 2022. They contend that all physical management procedures used were within legal bounds and necessary given B.S.'s behavior at that time.
"The hearing officer erred in finding that our safety protocols were improperly applied," stated Michael D. Kristofco, counsel for Lower Merion School District. "Our staff followed established guidelines designed to ensure student safety while addressing severe behavioral issues."
The district seeks reversal of specific findings related to procedural errors and requests affirmation that their educational program was appropriate under federal law. Additionally, they aim to overturn orders requiring them to reimburse private tuition costs or any other expenses claimed by B.S.'s family.
This case underscores ongoing challenges faced by educational institutions in balancing regulatory compliance with providing individualized support for students with complex needs.
Representing Lower Merion School District are attorneys Michael D. Kristofco and Mark J. Burgmann from Wisler Pearlstine LLP. The case is being presided over by Judge Chad F. Kenney under Case ID: 2:24-cv-02257-CFK.