AB Vs. East Lycoming School District

Pennsylvania

Special Education Hearing Officer

DECISION

Child’s Name: A. B.

Date of Birth: xx/xx/xxxx

Dates of Hearing: 10/2/2008, 12/22/2008

CLOSED HEARING

ODR No. 9026/07-08 AS

Parties to the Hearing:

Parents :

Representative:

Drew Christian,

Esq. Attorney-at-Law

801 Monroe Avenue Scranton,

PA 18510

School District:

Susan L. Bigger, Superintendent

East Lycoming School District

349 Cemetery Street Hughesville,

PA 17737-1028

School District Attorney:

Jeffrey Champagne,

Esq. McNees, Wallace & Nurick 100

Pine Street P.O. Box 1166 Harrisburg,

PA 17108-1166

 

Date Record Closed:

January 16, 2009

Date of Decision: January 30, 2009

Hearing Officer: Daniel J. Myers

 

INTRODUCTION AND PROCEDURAL HISTORY

(Student) 1 is an adolescent student of the East Lycoming School District (School District). Student’s Parents contend that, since the 2006-2007 school year and through the current 2008-2009 school year, Student’s (Individualized Education Programs) IEPs have been inappropriate and Student has not been placed in the least restrictive environment (LRE). After two due process hearing sessions and review of the parties’ written closing arguments, I find for the School District for the reasons described below.

ISSUES

Whether the School District failed to provide a free and appropriate public education (FAPE) to Student for the 2006-2007 school year? Whether the School District failed to provide FAPE to Student for the 2007-2008 school year? Whether Student’s current 2008-2009 program and placement are appropriate?

A-B-East-Lycoming-ODRNo-9026-07-08-AS

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