THE STATE OF NEW HAMPSHIRE
DEPARTMENT OF EDUCATION
In Re: IDPH # FY 03-10-034/Oyster River Cooperative School District
HEARING OFFICER DECISION ON ASSENTED TO MOTION FOR SUMMARY JUDGMENT AND AGREED STATEMENT OF FACTS
The above captioned matter was scheduled for due process hearing as a result of a letter from Attorney Scott F. Johnson, for Parents, dated October 8, 2002, received at the Department of Education on October 9, 2002. The matter in issue for due process hearing is stated as Parents' unilateral placement of Student at the Eagle Hill School, a "private school in Massachusetts, for the 2002-2003 school year." The letter states "The parents seek reimbursement for tuition and related expenditures for this placement." The matter was scheduled for mediation, prehearing and hearing dates by Department of Education letter dated October 11, 2002. The prehearing date was November 1, 2002. By telephone messages on and before November 1, 2002, the parties asked for a continuance of the prehearing conference and reported that the matter had been settled, with paperwork to soon follow. On November 20, 2002, the signed paperwork was received.
The parties submitted an AGREED STATEMENT OF FACTS. The agreed facts of this case indicate that Student's individualized profile included educational disabilities of speech/language disability, specific learning disability, and emotional disturbance. The parties agree that Student's emotional disability affects Student with depression, impulsivity, anxiety and occasional difficulties with social interaction and self esteem. Student is also reported to have above average intelligence. The parties report that most educational placements for children with specific learning disabilities will not serve children with above average intelligence and behavior/emotional issues. The parties also report that most schools for children with behavior/emotional difficulties do not provide IEP instruction in learning issues. Most schools for children with behavior/emotional issues do not offer a curriculum for children with average to above average intelligence.
Student's prior placement was at the Center of Optimum Learning (COOL) in Brentwood, NH and Student attended there during the 2000-01 and 2001-02 school years in the 7th and 8th grades. The COOL School does not serve children in grade 9. The parties agreed to an IEP on July 22, 2002, for the current school year. The parties began the search for an appropriate placement for the 2002-03 school year in the spring of 2002. The District has not stated a preferred in-state placement. Parents unilaterally placed Student at Eagle Hill School for the start of the 2002-03 school year.
Eagle Hill School is private school in Massachusetts. The agreed facts state that Eagle Hill School is approved for regular education by the Massachusetts Department of Education, but not approved for special education. The agreed statement states that Eagle Hill "... (S)erves exclusively educationally disabled students, has staff trained to provide special education to disabled students, offers a curriculum geared toward students with disabilities, and could implement (Student's) IEP." The agreed statement also states: Eagle Hill takes students grades 6 through 12 whose cognitive ability is in the average or above average range. It serves students with academic needs (including specific learning disbilities) and social deficits. Eagle Hill offers a wide range of courses at a variety of levels, from remedial to advanced, which is a good fit for (Student) because he is very strong in most content areas but weak in math and writing with a relative weakness in reading.
The parties agree that Eagle Hill is beyond reasonable commuting distance, and the parties have agreed that the tuition charge for the school year is $23,145 and room and board charge is $15,430. The parties agree that Parents signed an enrollment contract with Eagle Hill during the spring 2002 that legally obligates Parents to pay $38,575 to Eagle Hill for Student's attendance there for the current school year and Parents have already paid Eagle Hill the sum of $25,875 for the current school year. The parties agree that Parents will waive any right to collect public funds for transportation, room and board for the 2002-03 school year on approval of the ASSENTED-TO MOTION FOR SUMMARY JUDGMENT.
The frequest focus of a Hearing Officer in a due process case is to determine the unique educational needs of a child, under state and federal law. Absent a dispute about the unique educational needs of a child the inquiry moves to the appropriate educational placement to meet those unique educational needs. The parties here have reached agreement on the appropriate IEP for the current school year. The parties agree that there are no appropriate educational placements in New Hampshire that can meet Student's unique educational profile. The parties have agreed to compromise and share the costs of Student's education at an out of state educational facility. The out of state educational facility is described as a school approved by the State agency as a regular education school, not approved to deliver special education services. The parties agree that special education services are delivered at the school.
Based on the facts presented in the AGREED STATEMENT OF FACTS, the District is obligated to provide FAPE to Student. Under the unique facts of this case the District and Parents agree that Parents unilateral placement is appropriate educationally to deliver educational services pursuant to the agreed IEP. The parties agree to share the cost of Student's education at the Eagle School, with Parents paying the cost of room, board and transportation expenses. The ASSENTED-TO MOTION FOR SUMMARY JUDGMENT is granted, and the District shall reimburse the Parents for the tuition expense already paid to Eagle School for the school year 2002-03, in the amount of Twenty-Three Thousand One Hundred Forty Five ($23,245.00) Dollars. See the provisions of 34 C.F.R. 300.403 (b)(2).
So Ordered
,
November 21, 2002
S. David Siff, Hearing Officer