This is a redacted version of the original decision. Select details have been removed
from the decision to preserve anonymity of the student. The redactions do not affect the
substance of the document.
Special Education Hearing Officer
Child’s Name: AT
Date of Birth: xx/xx/xxxx
Dates of Hearing: June 12 and 19, 2009
ODR No. 10110/08-09 LS
Parties to the Hearing:
Tina Antonello, Special Education Director Lake-Lehman School District
P.O. Box 38
Lehman, PA 18627-0038
Mark W. Voigt, Esquire
Plymouth Meeting Executive Campus 600 West Germantown Pike, Suite 400 Plymouth Meeting, PA 19462
Sweet, Stevens, Katz & Williams, LLP 331 Butler Avenue
P.O. Box 5069
New Britain, PA 18901
Date Record Closed: June 24, 2009
Date of Decision: June 25, 2009
Hearing Officer: Daniel J. Myers
INTRODUCTION AND PROCEDURAL HISTORY
Student (Student)1 is a twelve year old resident of the Lake-Lehman School District (School District) who has been diagnosed with Aspergers Disorder and Speech and Language Impairment. Although the parties agree that Student is eligible for extended school year (ESY) services for summer 2009, they cannot agree to the particular programs to be used. Student wants to receive Wilson Reading and Saxon Math because the parties have already agreed those will be the programs offered during the upcoming 2009-2010 school year. The School District wants to offer SRA Corrective Reading and Houghton-Mifflin Math Steps during summer 2009 ESY because those are the programs available at this time. As discussed below, I reject the School District’s argument that it generally enjoys the right to determine which specific methodology will be used in this case. Not only is Student’s evidence more persuasive, but because the School District has not yet developed any IEP at all, it has failed to offer a free and appropriate public education (FAPE). Student is entitled to an equitable compensatory education award requiring the reading and math programs preferred by Student.
Whether Student’s ESY program should consist of SRA Corrective Reading and Houghton-Mifflin Math Steps or Wilson Reading and Saxon Math?