IQ vs. Allentown School District

Special Education Hearing Officer


Child’s Name: I.Q.

Date of Birth: [redacted]

Dates of Hearing:

June 2, 2014 June 3, 2014 June 4, 2014 June 24, 2014 June 25, 2014


ODR Case # 14777-1314AS

Parties to the Hearing: Parent[s]

Allentown School District 31 South Penn Street Allentown, PA 18105


Joshua Kershenbaum, Esq. 1230 County Line Road Bryn Mawr, PA 19010

Rebecca Young, Esq.
One West Broad Street / Suite 700 Bethlehem, PA 18018

Date Record Closed: July 14, 2014

Date of Decision: August 5, 2014

Hearing Officer: Jake McElligott, Esquire


[Student] (“student”) is a [teenaged] student residing in the Allentown School District (“District”) who has been identified as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (IDEA)1. The student has been identified under the terms of IDEA as a student with deafness/hard of hearing. Throughout the student’s educational history, the student has attended a hearing support program staffed by the local intermediate unit (IU) provided support for students with deafness/hard of hearing. At times, this IU program has been housed in District schools and at other times, including the most recent and upcoming school years, housed in a neighboring school district.

In February 2014, the District recommended that the student attend a District school where the District would directly provide services for deafness/hard of hearing. Parent objected to the District-based placement, arguing that the student should remain in the IU-operated placement in the neighboring school district.

For the reasons set forth below, I find in favor of the District although there will be a directive to the student’s individualized education plan (IEP) team regarding a particular matter.


Are the District-based program and placement appropriate for the student?


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