Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: DF
Date of Birth: xx/xx/xxxx
Date of Hearings:
November 7, 2008
January 9, January 12, January 15, January 27, January 28 & February 12, 2009
CLOSED HEARING
ODR Case # 9193-08-09-LS
Parties to the Hearing:
Mrs. Laura Fitz
Red Lion Area School District 696 Delta Road
Red Lion, PA 17356
Representative:
Kelly Darr, Esq.
Education Law Center
1315 Walnut Street/4th Floor Philadelphia, PA 19107
Peter Smith, Esq. Morgan, Lewis & Bockius 1701 Market Street Philadelphia, PA 19103
Stephen Russell, Esq.
Brooke Say, Esq.
Stock & Leader
Susquehanna Comm. Center East 221 W. Philadelphia St./Suite 600 York, PA 17401
Date Record Closed: March 18, 2009
Date of Decision: April 2, 2009
Hearing Officer: Jake McElligott, Esquire
INTRODUCTION AND PROCEDURAL HISTORY
Student is a 12-year old student residing in the Red Lion Area School District (“District”) who has been identified as a child with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1 and Chapter 14 of the Pennsylvania education regulations (“Chapter 14”)2. Specifically, Student has been diagnosed with deafblindness as the result of a bacterial meningitis infection contracted when he was an infant. In July 2008, the parents rejected an individualized education plan (“IEP”) and recommended educational placement proposed by the District, contending that the proposed IEP and recommended education placement are inappropriate and that Student should continue to be educated under the terms of his current IEP until an appropriate IEP is proposed. Thereafter, the District filed a complaint seeking an order that its proposed IEP and recommended education placement are appropriate.
For the reasons set forth below, this hearing officer’s decision incorporates aspects of both parties’ prayers for relief.
ISSUES
Are the District’s last-proposed IEP and recommended education placement appropriate for Student?
DF-Red-Lion-Area-ODRNo-9193-08-09-LS