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: B.S.
Date of Birth: [redacted]
Dates of Hearing: August 22, 2012 September 24, 2012
ODR Case # 3440-1213AS
Parties to the Hearing:
Beaver Area School District 855 Second Street
Beaver, PA 15009
Christina Lane, Esquire 1500 Ardmore Boulevard Suite 506
Pittsburgh, PA 15221
Date Record Closed: September 24, 2012
Date of Decision: October 16, 2012
Hearing Officer: Jake McElligott, Esquire
INTRODUCTION AND PROCEDURAL HISTORY
[Student] (hereinafter “student”) is [a late teen-aged] student who resides in the Beaver Area School District (“District”) and who has been identified as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”) and Pennsylvania special education regulations (“Chapter 14”).1 The student has been identified as a student with visual impairment; specifically, the student has low vision due to a genetic trait. Parents allege that the student was denied a free appropriate public education (“FAPE”) as the result of allegedly inappropriate extended school year (“ESY”) programming in the summer of 2012.2
For the reasons set forth below, I find in favor of the District.
Did the District meet its obligation to provide FAPE
to the student through ESY programming in the summer of 2012?