CP vs. Central Bucks 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.P.

ODR #13978-12-13-AS
ODR #14051-12-13-AS

Date of Birth:
[redacted]

Date of Hearing:
November 18, 2013

CLOSED HEARING

Parties to the Hearing:

Parents

Central Bucks School District 16 Welden Drive Doylestown, PA 18901

Representative:

Pro Se

Scott Wolpert, Esquire
Timoney Knox
400 Maryland Drive PO Box 7544 Fort Washington, PA 19034

Date Record Closed: December 3, 2013

Date of Decision: December 8, 2013

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

 

Background

Student1 is a late-high-school-age student who is eligible for special education pursuant to the Individuals with Disabilities Education Act [IDEA] under the current classification of autism and speech/language impairment and consequently a protected handicapped individual under Section 504 of the Rehabilitation Act of 1973 [Section 504] as well as the federal and state regulations implementing those statutes.

The current matter concerns an expedited due process request from the Parents2 addressing the question of the location of Student’s Extended School Year [ESY] program for summer 2013. The Parents would like Student to receive ESY in the public high school, maintaining that this placement represents the Least Restrictive Environment [LRE] and can be successful if the District puts the proper supports into that setting. The District maintains that the public high school is not an appropriate location for Student’s ESY even with appropriate supports, and that the summer program should be delivered in [Redacted], the setting where Student has been placed for the 2012-2013 school year. The parties do not dispute Student’s qualification for ESY services. The hearing was convened and concluded in one session3 .

Issues

  1. Should the District be required to provide compensatory education to Student for the ESY period June 1, 2012 to August 24, 2012?
  2. Should the hearing officer define, affirm and preserve Student’s right to vocational training in the realm of Student’s interest in agriculture, horticulture, and landscaping from June 20th 2013 through the end of the 2014-2015 school year?

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