Name of Child


Date of Birth

7500/06-07 AS

ODR File Number

May 16, 2007

Date of Hearing

Open Hearing

Parties to Hearing

Parent Ms.

Parent Representative
Mark Voigt
Plymouth Meeting Executive Campus 600 West Germantown Pike
Suite 400
Plymouth Meeting, PA 19462

School District
North Penn School District 410 Hancock Street Lansdale, PA 19448

School District Representative Gina DePietro
Sweet, Stevens, Tucker & Katz 331 Butler Avenue

PO Box 5069
New Britain, PA 18901

Date Transcript Received: May 20, 2007

Date of Decision: May 24, 2007

Kenneth Rose Hearing Officer



The student is a xx year-old eighth grade student and is a resident in the school district. The student has had a long history of excessive school absences. He was evaluated several times at parent’s request for giftedness. He was not found to be gifted. The student was on homebound instruction for a substantial part of last year due to allergies and asthma. He has had Section 504 service agreements due to his allergies and asthma.

A due process hearing decision of June 16, 2006 found the student not to be gifted and not to be eligible as a student with Other Health Impairment (OHI). The hearing officer ordered his 504 service agreement modified to change his placement in another school in the school district due to the student’s allergy to cockroaches. His health was to be monitored. Also, compensatory education was ordered.

At the start of this school year in the new school, the student’s absences started again. The student’s physician placed him on homebound instruction again. The school district evaluated the student and found him eligible as a student with emotional disturbance (ED).

The parent contends the school district’s evaluation was flawed and is requesting an Independent Educational Evaluation (IEE) at school district expense.


1. The student’s date of birth is xx/xx/xx.

2. The student is a resident of the school district.


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