BY vs. Cumberland Valley School Dist

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

Child’s Name: B. Y.

Date of Birth: xx.xx.xx

File Number: 7002/06-07 LS

Dates of Hearing: October 30, 2006; December 12, 2006;
December 14, 2006; January 26, 2007

CLOSED HEARING

Parties to the Hearing:

Mr. and Mrs.

Cumberland Valley School Dist. 6746 Carlisle Pike Mechanicsburg, PA 17050-1711

Representative:

Vivian Narehood, Esq. Gibbel, Kraybill, & Hess 41 East orange Street Lancaster, PA 17602

Mark Fitzgerald, Esq.
Sweet Stevens Katz Williams P.O. Box 5069
New Britain, PA 18901

Date Transcript Received: February 5, 2007

Date of Decision:1 February 16, 2007

Hearing Officer Name: Gregory J. Smith

Background

Student is an eligible xx-year-old student who resides with his parents within the area served by the Cumberland Valley School District (District). During the 2005-2006 school year Student attended The [redacted] School (Private School) at District expense. Private School is a private day school located outside of the District. In May 2006 the District proposed a program and placement in the District for the 2006-2007 school year. Student’s parents rejected that proposal and, after initially requesting mediation, requested the present hearing seeking an order requiring the District to pay for tuition and transportation to Private School.

Issues

Must the Cumberland Valley School District pay for tuition and transportation so that Student may attend The Private School during the 2006-2007 school year?

B-Y-Cumberland-Valley-ODRNo-7002-06-07-LS

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