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

ODR No. 3242-1112 KE

Child’s Name: C.B.
Date of Birth: [redacted]

Dates of Hearing: 6/21/12


Parties to the Hearing:

Parent Parent

School District
Downingtown Area
540 Trestle Place Downingtown, PA 19335-2643


Parent Parent

School District Attorney
Sharon Montanye, Esquire
Sweet, Stevens, Katz & Williams LLP 331 Butler Avenue
P.O. Box 5069
New Britain, PA 18901

Date Record Closed: June 26, 2012

Date of Decision: July 7, 2012

Hearing Officer: Anne L. Carroll, Esq.


The parties to this case agree that Student, who is enrolled in a District middle school, is eligible for both special education and ESY services.

On June 7, 2012 Parents filed a due process complaint to challenge the District’s offer of an ESY program for this summer, contending that Student’s participation in the same type of ESY program in 2011 was academically unsuccessful and socially/emotionally inappropriate because Student was bullied in that program. Based upon their interpretation of a recently completed private evaluation report, Parents are seeking an order requiring the District to fund Student’s participation in a private school summer program that provides one to one reading instruction with Orton-Gillingham methods.

The due process hearing was conducted in one brief session on June 21. In accordance with the findings of fact and discussion below, Parents’ request that the District fund a private ESY program is denied for several reasons: 1) The evidence in the record does not establish that the District’s proposed ESY program is inappropriate for Student; 2) there is considerable evidence that the District’s proposal will support language and social skills needs identified in all current evaluations of Student, including Parents’ recently procured independent neuropsychological evaluation, and will meet Student’s needs in reading; 3) the private program sought by Parents provides only reading instruction and does not directly address Student’s language, social skills an behavior needs.


1. Is the ESY program the School District proposed for the summer of 2012 appropriate for Student? 1

2. If not, should the School District be required to fund the private school summer program selected by Parents?



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