BC vs. Palmyra Area School District

This is a redacted version of the original hearing officer decision. Select
details may have been removed from the decision to preserve anonymity of
the student. The redactions do not affect the substance of the document.

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: BC

Date of Birth: XX/XX/XX

Date of Hearing: November 3, 2008

CLOSED HEARING

ODR No. 9233/08-09 AS

Parties to the Hearing:

Parent:

School District:
Dr. Michael Dunsmore Palmyra Area School District 1125 Park Drive
Palmyra, PA 17078

Representative:

Pro Se

School District Attorney: William J. Zee III, Esq. Hartman, Underhill & Brubaker 221 E. Chestnut Street Lancaster, PA 17602-2782

Date Record Closed: November 8, 2008

Date of Decision: November 14, 2008

Hearing Officer: Daniel J. Myers

INTRODUCTION AND PROCEDURAL HISTORY

Student (Student)1 is a teen-age middle school student with multiple disabilities, including mental retardation, spina bifida, occasional seizures, and speech/language impairment. Student’s parent contests the School District’s proposed individual education program (IEP) for the 2008-2009 school year. Student’s parent did not attend the due process hearing and, consequently, did not produce evidence regarding the issues raised in the due process hearing complaint. As discussed below, I conclude that Student’s parent failed to meet the applicable burden of proof on all issues except one. On that single issue, I conclude that the School District was required, but failed, to offer a transition plan.

ISSUES

  •   Whether the School District failed to comply with an August 3, 2007 settlement agreement?
  •   Whether the School District has offered special education services in the least restrictive environment appropriate (LRE)?
  •   Whether Student needs, and the School District has not offered:

    o Assistive technology?

    o One hour daily 1:1 reading tutoring during school hours?

    o 30-60 minutes per week of occupational therapy, speech therapy, and physical therapy?

    o Use of the SRA reading program?

  •  Whether the School District has offered a transition plan?
BC-Palmyra-Area-ODRNo-9233-08-09-AS

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