JH vs. Altoona Area School District

Pennsylvania
Special Education Hearing Officer

DECISION
Child’s Name: J.H.
Date of Birth: [redacted]

Date of Hearing: July 31, 2009

CLOSED HEARING

ODR No. 10022/08-09 KE

Parties to the Hearing: Parent[s]

Altoona Area School District 1221 6th Avenue
Altoona, PA 16602-2427

Representative: Pro Se

Carl Beard, Esquire Andrews & Beard
3366 Lynnwood Drive Altoona, PA 16603-1311

Date Record Closed: August 8, 2009

Date of Decision: August 20, 2009

Hearing Officer: Daniel J. Myers

INTRODUCTION AND PROCEDURAL HISTORY

Student is [a pre-teenaged] student with autism residing in the Altoona Area School District (District) whose Parent disagrees with the District’s March 4, 2009 proposed individualized education plan (IEP) and educational placement for Student. The District proposes to increase the restrictiveness of Student’s placement by providing regular education language arts instruction in a one-to-one setting rather than in the regular education language arts classroom. Student’s Parent does not agree with this proposal but has not stated why she disagrees. Based upon past history, however, it appears that Parent believes that Student requires full inclusion in all regular education settings.

The record establishes that Student requires the academic rigor of the regular education language arts curriculum, but in a more restrictive environment with fewer opportunities for Student to engage in inappropriate, counter-productive attention seeking, task avoidance and peer disruption behaviors. Accordingly, the District’s proposed IEP and educational placement are appropriate and shall be implemented.

ISSUE

Is the District’s March 4, 2009 proposed program and placement appropriate?

J-H-Altoona-Area-ODRNo-10022-08-09-KE

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