CH vs. Governor Mifflin 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

DUE PROCESS HEARING

Name of Child: C.H.

ODR #15189/13-14 AS

Date of Birth:
[redacted]

Date of Hearing:
August 1,

CLOSED HEARING

Parties to the Hearing:

Parent[s]

Governor Mifflin School District 10 South Waverly Street Shillington, PA 19607

Representative:

Elizabeth Kapo, Esquire 2123 Pinehurst Road Bethlehem, PA 18018

Kathleen Metcalfe, Esquire
Sweet, Stevens, Katz and Williams 331 Butler Avenue
New Britain, PA 18901

Date Record Closed : August 9, 2014

Date of Decision: August 12, 2014

Hearing Officer: Linda M. Valentini, Psy.D., CHO
Certified Hearing Official

 

Background

Student1 is an early-teen aged student who is eligible for special education pursuant to the Individuals with Disabilities Education Act [IDEA] and Pennsylvania Chapter 14 under the classification of Specific Learning Disability.

The current matter concerns a due process request from the Parents who disagree with the District’s proposed in-district program and placement for the 2014-2015 school year and instead request that the hearing officer order a prospective placement in a private school [hereinafter Private School] at public expense for the 2014-2015 school year and for ESY for summer 2015.2 In the alternative the Parents request that the District be ordered to develop an appropriate IEP and provide compensatory education for Student until an appropriate IEP is produced.

 

Issue

  1. Is the program/placement the District offered to Student for the 2014-2015 school year appropriate?
  2. If the District’s proposed program/placement is not appropriate should the hearing officer order a prospective placement at public expense at the Private School, including transportation, for the 2014-2015 school year including a summer 2015 program?
  3. If the hearing officer does not order a prospective placement at the Private School but finds the offered IEP inappropriate, is Student entitled to compensatory education until an appropriate IEP is produced?

 

C-H-Governor-Mifflin-ODRNo-15189-13-14-AS

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