JA vs. Eastern Lebanon County School District

PENNSYLVANIA
SPECIAL EDUCATION DUE PROCESS HEARING OFFICER

CLOSED and EXPEDITED HEARING

ODR#8950/07-08 AS
JA
Eastern Lebanon County School District

For the Student:

For the School District:

Director of Pupil Services
Eastern Lebanon County School District 180 Elco Drive
Myerstown, PA 17067-2604

Peggy M. Morcom, Esq.
Marshal, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road
Harrisburg, PA 17112

Date of Due Process Hearing Request: June 6, 2008

Date of Resolution Meeting: June 18, 2008

Date of Hearing: July 3, 2008

Date Record closed: July 3, 2008

Date of Decision: July 5, 2008

Hearing Officer: Daniel J. Myers

BACKGROUND

Student is a teen aged student with cognitive and psychological disorders in addition to various physical disabilities, attending a vocationally-oriented full-time life skills program during the regular school year. The parties disagree over whether or not Student is eligible for extended school year (ESY) services for this 2008 summer. For the reasons described below, I find that Student is entitled to ESY services for this 2008 summer in the area of math instruction, but not in the area of job coaching.

CONCLUSIONS OF LAW

  1. Student has met Student’s burden of establishing entitlement to ESY services for summer 2008 in the area of math instruction.
  2. Student has not met Student’s burden of establishing entitlement to ESY services for summer 2008 in the area of job coaching.
  3. The School District’s provision of summer math tutoring and job coach assistance for this summer, in the form of compensatory education rather than in the form of ESY, does not render this dispute moot.
  4. Neither party has been denied due process in the resolution of this dispute, despite the exceptionally short time between notice of the hearing date and the hearing itself, and despite the Student’s one-day, rather than two-day, disclosure of witnesses and exhibits.
JA-Eastern-Lebanon-County-ODRNo-8950-07-08-AS

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