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.



Child’s Name:
B. M.

Date of Birth:

Date of Hearing:
October 14, 2011


ODR File No. 1855-1011KE

Parties to the Hearing:


West York Area School District 2605 West Market Street
York, PA 17404


Daniel M. Fennick, Esquire 1423 E. Market Street York, PA 17403

Jeffrey D. Litts, Esquire 24 North Lime Street Lancaster, PA 17603

Date Record Closed: October 28, 2011

Date of Decision: November 12, 2011

Hearing Officer: Cathy A. Skidmore, M.Ed., J.D.



B.M. (hereafter Student)1 is an elementary school-aged student in the West York Area School District (District). Student’s Parent filed a due process complaint against the District asserting that Student is and should have been identified as a child with a disability under Section 504 of the Rehabilitation Act of 19732 as well as Pennsylvania Chapter 153 by reason of Student’s asthmatic condition. The Parent sought a Section 504 Plan and compensatory education.

The case proceeded to a due process hearing which convened in a single session at which the parties presented evidence in support of their respective positions. For the reasons which follow, I conclude that Student is eligible under Section 504 and Chapter 15, and that a plan of accommodations must be developed to address Student’s needs.


Whether the Student is a child with a disability and is entitled to a Section 504 Plan, and, if so, what accommodations are necessary for inclusion in that Plan;4 and

Whether the District denied Student an appropriate education by failing to identify Student as a child with a disability and, if so, is Student entitled to compensatory education?


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