JP vs. Pocono Mountain School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: J.P.

ODR #01683/10-11 JS

Date of Birth: [redacted]

Dates of Hearing: December 6, 2010 December 20, 2010

CLOSED HEARING

Parties to the Hearing: Parent[s]

Pocono Mountain School District PO Box 200
Swiftwater, Pennsylvania 18370

Representative:
Drew Christian, Esquire
801 Monroe Avenue Scranton, Pennsylvania 18510

Rebecca Young, Esquire
King Spry
One West Broad Street, Suite 700 Bethlehem, Pennsylvania 18018

Date Record Closed : January 17, 2011

Date of Decision: January 18, 2011

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

Background

Student1 is a kindergarten child who entered the District in September for the 2010-2011 school year after receiving Early Intervention services delivered in the daycare center. Pursuant to an evaluation prior to kindergarten entrance the District found Student ineligible for special education, but after several days in kindergarten Student’s behaviors reflected need for a re-evaluation and Student was found eligible. However, as Student’s Parents disapproved the proffered IEP and NOREP, citing LRE issues among others, Student remained in regular education at the time of the hearing.

Parents requested this hearing alleging denial of FAPE as articulated in the Issues section. For the reasons put forth below I find for the Parents.

Issues

  1. Did the School District deny Student a free appropriate public education through failing in its child find obligation?
  2. Did the School District deny Student a free appropriate public education by proffering an IEP that is inappropriate in the areas of present educational levels, goals, specially designed instruction, behavior support, social skills support, and occupational therapy support?
  3. Did the School District deny Student a free appropriate public education by not proposing the least restrictive environment for Student, or alternatively not providing an appropriate transition plan if Student was to be moved from the present environment to a more restrictive environment?
J-P-Pocono-Mountain-ODRNo-01683-10-11-JS

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