GA vs. Wallingford-Swarthmore School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: GA

Date of Birth: xx/xx/xxxx

Dates of Hearing:
November 18, & November 19, 2009 January 27, February 4, & March 4, 2010

CLOSED HEARING

ODR Case # 10286-08-09-KE

Parties to the Hearing:

Dr. Ron VanLangeveld Wallingford-Swarthmore School District 101 Plush Mill Road
Wallingford, PA 19086

Representative:

Lorrie McKinley, Esq. 238 West Miner Street West Chester, PA 19382

Kyle Berman, Esq.
Fox Rothschild LLP
10 Sentry Parkway/Suite 200 P.O. Box 3001
Blue Bell, PA 19422-3001

Date Record Closed: March 29, 2010

Date of Decision: April 13, 2010

Hearing Officer: Jake McElligott, Esquire

 

INTRODUCTION AND PROCEDURAL HISTORY

Student is an 18-year old student residing in the Chester-Upland School District (“District of Residence”) who has been identified as a student eligible under federal and Pennsylvania special education laws as a student with a hearing impairment.1 Responsibility for the student’s individualized education plan (“IEP”) and overall education program ultimately resides with District of Residence. For the entirety of the student’s K-12 education, however, the student’s IEP has been implemented in a hearing support classroom in the nearby [Redacted District].2

Following a behavior incident in October 2008 and subsequent 45- day exclusion from the hearing support classroom at [Redacted District], the student was not permitted by [Redacted District] to return. The student’s parent alleges that, by not allowing the student to return to the hearing support classroom housed within the [Redacted District], violated Section 504 of the Rehabilitation Act of 1973 (“Section 504”).3

For the reasons set forth below, I find in favor of the [Redacted District] .

ISSUES

Has the [Redacted District] violated the anti-discrimination provisions of Section 504 by not allowing the student to return to the hearing support classroom housed in the [Redacted District] ?

GA-Wallingford-Swarthmore-ODRNo-10286-08-09-KE

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