This is a redacted version of the original hearing officer decision. Select details may have been
removed to preserve anonymity of the student. The redactions do not affect the substance of the
document.
PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
CD
ODR #8312/07-08 KE
Date of Birth: xx/xx/xx
Dates of Hearing
January 11, 2008
January 16, 2008
January 17, 2008
January 28, 2008
January 29, 2008
OPEN HEARING
For the Student:
Judith Gran, Esq.
PILCOP – Public Interest Law Center of Philadelphia
125 South 9th Street, Suite 700 Philadelphia, PA 19107
For the School District:
Director of Special Education Tredyffrin-Easttown School District 738 First Avenue
Berwyn, PA 19312-1779
Lawrence D. Dodds, Esq. Wisler Pearlstine, LLP
484 Norristown Road, Suite 100 Blue Bell, PA 19422-2326
Date Record Closed: February 18, 2008
Date of Decision: March 2, 2008
Hearing Officer: Daniel J. Myers
Background
Student contests the School District’s proposed educational placement, arguing that her middle school’s requirement that she give up special area subjects in order to receive learning support services in the resource room violates her right to special education in the least restrictive environment appropriate. Student also complains about the substantive appropriateness of her IEP. For the reasons described below, I find for Student.
Issues
- Whether or not Student is receiving special education in the least restrictive environment appropriate;
- Whether or not Student’s needs require pull-out learning support services; and
- Whether or not the middle school’s schedule of Student’s pull-out learning support services illegally restricts Student’s access to special subjects.
CD-Philadelphia-ODRNo-8312-07-08-KE