ES vs. Midd West High School

DECISION
COVER SHEET
DUE PROCESS SPECIAL EDUCATION HEARING

FILE NUMBER: 3306/11-12AS

RESPONDENT/SCHOOL DISTRICT (LEA): Midd West School District

SCHOOL DISTRICT COUNSEL: Sharon O’Donnell, Esquire

STUDENT: E.S.

PARENT: [Parents]

COUNSEL FOR STUDENT/PARENT Phillip Drumheiser, Esquire

INITIATING PARTY: Parent/Student

DATE OF DUE PROCESS COMPLAINT: June 22, 2012

DATE OF HEARING: July 17, 2012

PLACE OF HEARING: Midd West High School

OPEN vs. CLOSED HEARING: Closed

STUDENT PRESENT: No

RECORD: Verbatim-Court Reporter

DECISION TYPE: Electronic

DUE DATE FOR DECISION: July 22, 2012

HEARING OFFICER: James Gerl, Certified Hearing Official

DECISION
DUE PROCESS HEARING

File No.: 3306/11-12AS

PRELIMINARY MATTERS

This due process hearing was an expedited hearing concerning an extended school year services issue pursuant to the Pennsylvania special education rules. No extensions of the decision deadline are permitted in these cases. The decision herein shall be issued within thirty days of the filing of the complaint, on July 22, 2012.

A prehearing conference by telephone conference call was convened for this matter on June 29, 2012. As a result of said conference, a prehearing conference order was entered herein. Said order is incorporated herein by reference.

On July 6, 2012, counsel for the parties filed a joint prehearing memorandum. Said memorandum contained numerous stipulations of fact, and it defined the issue presented for purposes of this due process hearing. Said memorandum also contained information concerning exhibits and witnesses. The parties’ joint prehearing memorandum is incorporated by reference herein.

Because of the expedited nature of this hearing, both parties filed written briefs and proposed findings of fact prior to the hearing. In addition, counsel for each party made a brief oral closing argument at the end of the due process hearing. All proposed findings, conclusions and supporting arguments submitted by the parties have been considered. To the extent that the proposed findings, conclusions and arguments advanced by the parties are in accordance with the findings, conclusions and views stated herein, they have been accepted, and to the extent that they are inconsistent therewith, they have been rejected. Certain proposed findings and conclusions have been omitted as not relevant or as not necessary to a proper determination of the material issues as presented. To the extent that the testimony of various witnesses is not in accord with the findings as stated herein, it is not credited.

Personally identifiable information, including the names of parties and similar information is provided on the cover sheet hereto which should be removed prior to distribution of this decision to the public. FERPA, 20 U.S.C. § 1232(g) and IDEA § 617(c).

ISSUE PRESENTED

The sole issue presented in this due process hearing, as identified by the parties in the prehearing conference and as confirmed in their joint prehearing memorandum, is as follows:

1. Is the extended school year services program proposed by Respondent for the summer 2012 for the student appropriate?

E-S-Midd-West-School-District-ODRNo-3306-11-12AS

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