PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
DECISION
EXPEDITED DUE PROCESS HEARING
Name of Child: T.J.
ODR #16207/14-15 AS
Date of Birth:
[redacted]
Date of Hearing: May 13, 2015
CLOSED HEARING
Parties to the Hearing: Parent[s]
Education Plus Academy Cyber Charter School 487 Devon Park Drive Suite 206
Wayne, PA 19087
Representative:
Catherine Reisman, Esquire Reisman Carolla Gran
19 Chestnut Street Haddonfield, NJ o8033
Jeffrey Stacey, Esquire O’Donnell and Associates 1601 Market Street Suite 2310 Philadelphia, PA 19103
Date Transcript Received: May 15, 2015
Decision Due Date: May 29, 2015
Date of Decision: May 20, 2015
Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official
Background
Student1 is an elementary school aged child who is eligible for special education pursuant to the Individuals with Disabilities Education Act [IDEA] under the classification of Specific Learning Disability and Speech/Language Impairment. Student’s LEA is the Education Plus Academy Cyber Charter School [hereinafter School]. Student currently attends an Approved Private School [APS], a placement selected by the Parent and which the School is funding pursuant to a negotiated settlement agreement.
The current matter concerns an expedited due process request from the Parent who disagrees with the School’s proposed Extended School Year program [hereinafter ESY program] delivered at the APS, and instead requests that the School reimburse her the tuition she paid for the summer program offered by the private school in which she proposes placing Student [hereinafter Proposed Private School] for the 2015-2016 school year.2
I find for the School on the issues presented.
Issues
- Is the ESY program the School offered to Student for summer 2015 appropriate?
- If the ESY program offered by the School is not appropriate, is the summer program selected by the Parent appropriate, and if so should the School be required to reimburse Parent for the tuition for the summer program offered by the Proposed Private School for summer 2015?