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.
PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
DECISION
Child’s Name:
B. M.
Date of Birth:
[redacted]
Date of Hearing:
October 14, 2011
CLOSED HEARING
ODR File No. 1855-1011KE
Parties to the Hearing:
[parent]
West York Area School District 2605 West Market Street
York, PA 17404
Representative:
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.
INTRODUCTION AND PROCEDURAL HISTORY
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.
ISSUE
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?
B-M-West-York-Area-ODRNo-1855-1011KE