CI vs. Council Rock School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: CI

Date of Birth: xx/xx/xx

Dates of Hearing:
January 25, 2008, January 29, 2008, February 12, 2008,

February 13, 2008, April 8, 2008, April 9, 2008, April 14, 2008

CLOSED HEARING
ODR #8189/07-08 AS

Parties to the Hearing:

Ms.

Council Rock School District The Chancellor Center
30 North Chancellor Street Newtown, PA 18940

Representative:

Frederick M. Stanczak, Esquire 179 North Broad Street Doylestown, PA 18901

Joanne D. Sommer, Esquire Eastburn and Gray, P.C.
60 East Court Street
P.O. Box 1389
Doylestown, PA 18901-0137

Date Record Closed: April 28, 2008

Date of Decision: May 13, 2008

Hearing Officer: William F. Culleton, Jr., Esquire

 

INTRODUCTION AND PROCEDURAL HISTORY

Student is a preteen age eligible resident of the Council Rock School District (District). Student is identified with autism and is placed in the autistic support class at the District’s Elementary School (School). The Student is diagnosed also with low to moderate mental retardation. (NT 32- 35; S-1, 14.) Student has an extensive home program and receives special education services at school.

The Parent requests an order that the District’s program and placement is inadequate and directing the District to place the Student in a full time residential setting. The Parent asserts that the Student is not able to generalize what Student learns in school to the home setting, and therefore Student needs a full time residential setting in order to generalize Student learning to all aspects of Student life. The District asserts that its program and placement are adequate and that the Student has in fact generalized Student learning to the home setting. The District also asserts that any reduction in the Student’s learning at home is due to factors within the home that are not within the control of the District.

The Parent filed for due process in October 2007. A resolution session was convened on November 29, 2007, and no agreement was reached. (NT 29-30.) The hearing was held in seven1 sessions from January 25, 2008 to April 14, 2008. The record closed upon receipt of written summations2 with legal argument on the governing standard on April 28, 2008.

 

ISSUES

  1. Does the Student need full time residential placement in order to receive an opportunity for reasonable educational benefit?
  2. Should the hearing officer order the District to place the Student in a full time residential placement?
  3. From March 13, 2007 until January 25, 20083, did the District offer an appropriate program and placement?
  4. From March 13, 2007 until January 25, 2008, did the District appropriately implement the offered program?
  5. Should the hearing officer award compensatory education for the period of time from March 13, 2007 to January 25, 2008?
CI-Council-Rock-ODRNo-8189-07-08-AS

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