Pennsylvania
Special Education Hearing Officer
DECISION
ODR No. 00817-0910AS
Child’s Name: DP
Date of Birth: xx/xx/xxxx
Date of Hearing: 4/14/10
CLOSED HEARING
Parties to the Hearing: Parent
School District
North Penn
401 E. Hancock St. Lansdale, PA 19446-3960
Representative:
Parent Attorney
Pro Se
School District Attorney
Brian Ford, Esquire
1800 Pennbrook Parkway, Suite 200 PO Box 107 Lansdale, PA 19446
Date Record Closed: April 23, 2010
Date of Decision: April 28, 2010 2
Hearing Officer: Anne L. Carroll, Esq.
INTRODUCTION AND PROCEDURAL HISTORY
Student is a 9 year old Student eligible for special education services under the OHI (Other Health Impairment) disability category. Student is currently enrolled in a full time learning support class in a North Penn School District (hereinafter District) elementary school, but not at the school Student would attend if not disabled.
During the current school year, Student has intermittently and unpredictably exhibited extreme behaviors that cannot be successfully controlled with positive behavior support strategies. Although acknowledging that the behaviors are a manifestation of Student’s disability for which a disciplinary change of placement is not warranted, the District recommends a 45 day interim placement in an alternative school in order to conduct a comprehensive evaluation and develop better behavior management strategies in a setting where Student’s extreme behaviors will not pose a danger to himself or to other students.
Parent agrees that the current public school setting is inappropriate for Student, but disagrees that Student’s behavior outbursts are dangerous and disagrees with the proposed interim alternative placement. Parent prefers to keep Student in the current classroom until the District finds a school of which she approves.
After a brief due process hearing session on April 14, 2010, both parties submitted written closing statements. For the reasons that follow, the District will be permitted to enroll Student in its proposed alternative placement for 45 days, and will be directed to conduct a comprehensive evaluation during that period, while continuing to work with Parent to identify a mutually agreeable placement for the next full school year.
ISSUE
Should the North Penn School District be permitted to enroll Studentin the [Redacted school]School for a 45 day interim placement for the primary purpose of conducting a comprehensive evaluation and for the development and trial of additional/different behavior management strategies?
DP-North-Penn-ODRNo-00817-0910AS