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