IW vs. Penn-Delco School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION

DUE PROCESS HEARING

Name of Child: I.W.

ODR #13158/12-13-AS

Date of Birth:

[redacted]

Dates of Hearing: October 16, 2012 October 19, 2012

CLOSED HEARING

Parties to the Hearing: Parent

Penn-Delco School District 2821 Concord Road
Aston, PA 19014

Representative:
Elizabeth Morgan, Esquire PO Box 62
Media, PA 19063

Judith Gran, Esquire Reisman Carolla Gran
19 Chestnut Street Haddonfield, NJ 08033-1810

Gabrielle Sereni, Esquire Raffaele & Puppio
19 West Third Street Media, PA 19063

Date Record Closed: October 23, 2012

Date of Decision: October 29, 2012

Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official

Background

Student1 is a kindergarten pupil attending a District elementary school. Student has a disabling genetic syndrome and is eligible for special education pursuant to the Individuals with Disabilities Education Act [IDEA] under the classification of Intellectual Disability, and consequently is a protected handicapped individual under Section 504 of the Rehabilitation Act of 1973 [Section 504].

Student began the year in a general education classroom, but due to its having determined that Student had injured other kindergarten students, on or about September 27, 2012 the District removed Student from the general education classroom to a separate classroom in which Student is the only pupil, attended by two adults. On October 8, 2012 the Parent filed a Motion to Enforce Pendency, and on October 11, 2012 the District filed this due process request after instituting the unilateral removal pursuant to provisions of the IDEA and its determination that Student should be placed into an Interim Alternative Educational Setting [IAES] for a period of 45 school days.

Another due process case concerning Student had been filed by the Parent prior to the District’s filing at issue in this decision and the first session in that matter was held on September 21, 2012. That case is ongoing and concerns a dispute about the appropriate educational placement for Student. That case was set aside in favor of conducting the current expedited hearing, and is scheduled to resume on November 2, 2012.

Issue

May the District remove Student from the half-day general education setting and place Student in an IAES, specifically the full-day MDS classroom, for a period of 45 days?

I-W-Penn-Delco-ODRNo-13158-12-13-AS

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