JR vs. Bethlehem Area School District

Pennsylvania
Special Education Due Process Hearing Officer

Re: ODR No. 8706/07-08 KE

JR

Bethlehem Area School District

CLOSED HEARING

For the Student:

Angela Uliana-Murphy
Murphy and Murphy
106 North Franklin Street, Suite 2 P.O. Box 97
Pen Argyl, PA 18072

For the School District:

Bethlehem Area School District 1516 Sycamore Street Bethlehem, PA 18017

Rebecca A. Young, Esq.
King, Spry, Herman, Freund & Faul 1 West Broad Street, Suite 700 Bethlehem, PA 18018

Date of Due Process Hearing Complaint: April 8, 2008

Date of Resolution Meeting: May 8, 2008

Dates of Hearing: June 4, 2008 and June 10, 2008

Date Record Closed: July 7, 2008

Date of Decision July 15, 2008

Hearing Officer: Daniel J. Myers

BACKGROUND

Student is a nonverbal, low-functioning child with autism in the process of transitioning from a partial hospitalization program to a program and placement within the School District. The parties disagree over whether or not Student’s one-to-one assistance must be provided by a single, particular individual dedicated to serving only Student throughout the day or may be provided by one or more different individuals over the course of the day. The parties also disagree over whether Student has been denied a free appropriate public education (FAPE) since April 2006. For the reasons described below, I find that Student’s one-to-one assistance need not be provided by a single, particular individual dedicated to serving only Student throughout the day, and I find that Student was denied FAPE for the 2006-2007 school year and 1⁄2 of the 2007-2008 school year.

ISSUES

  •   Whether Student’s one-to-one assistance must be provided by a single, particular individual dedicated to serving only Student throughout the day or may be provided by one or more individuals over the course of the day?
  •   Whether Student has been denied a free appropriate public education since April 2006?
JR-Bethlehem-Area-ODRNo-8706-07-08-KE

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.