DH vs. West Shore School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION

Child’s Name: D.H.

Date of Birth: [redacted]

Dates of Hearing: August 17, 2011 October 5, 2011 October 6, 2011

CLOSED HEARING

ODR File No. 1933-1011KE

Parties to the Hearing:

Parent[s]

West Shore School District 507 Fishing Creek Road New Cumberland, PA 17070

Representative:

None

Grace M. Deon, Esquire Eastburn and Gray, P.C. P. O. Box 1389 Doylestown, PA 18901

Date Record Closed: October 12, 2011

Date of Decision: October 26, 2011

Hearing Officer: Cathy A. Skidmore, M.Ed., J.D.

 

INTRODUCTION AND PROCEDURAL HISTORY

Student1 is a high school-aged student in the West Shore School District (District) who is eligible for special education pursuant to the Individuals with Disabilities Education Act (IDEA)2 on the basis of an intellectual disability and autism. Student’s Parents filed a due process complaint against the District in June 2011, asserting that its proposed program for Student for the 2011-12 did not constitute a free, appropriate public education (FAPE) under the IDEA. Specifically, the Parents contested the placement in a multiple disabilities support classroom as well as the elimination of a one-on-one personal care aide. The District countered that the proposed program was appropriate to meet Student’s educational needs.

The case proceeded to a due process hearing which convened over three sessions, at which the parties presented evidence in support of their respective positions. Following the conclusion of the first session, this hearing officer entered an interim order regarding the pendent placement.3 The parties were able to resolve several issues relating to the current placement prior to the conclusion of the final session.4

For the reasons set forth below, I find in favor of the District but with some modification to the implementation of the proposed program.

ISSUES

Whether the proposed program for the 2011-12 school year is appropriate for Student?

D-H-West-Shore-ODRNo-1933-1011KE

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.