CD vs. Quakertown Community School District

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: C. D.

Date of Birth: [redacted]

Date of Hearing: August 19, 2016

CLOSED HEARING

ODR Case # 17952-1516KE

Parties to the Hearing:

Parent[s]

Quakertown Community School District 100 Commerce Drive
Quakertown, PA 18951

Representative:

Frederick Stanczak, Esq. 59 Creek Drive Doylestown, PA 18901

Mark Walz, Esq.
331 East Butler Avenue New Britain, PA 18601

Date of Decision: August 25, 2016

Hearing Officer: Jake McElligott, Esquire

 

INTRODUCTION AND PROCEDURAL HISTORY

Student1 is a late teen-aged student who resides in the District. The student is eligible as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)2, namely as a student with multiple health impairments and a speech/language impairment. The parties’ dispute in this matter centers on the appropriate program for the 2016-2017 school year. The parents maintain that the District’s proposed District-based program is inappropriate. The District maintains that the proposed program is appropriate and, as such, has complied with its duties under federal and Pennsylvania law to offer the student a free appropriate public education (“FAPE”).

For the reasons set forth below, I find in favor of the parents.

ISSUES

Is the District’s proposed program
for the 2016-2017 school year appropriate?

 

C-D-Quakertown-Community-ODRNo-17952-1516KE

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