PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
DECISION
DUE PROCESS HEARING
Name of Child: J.W.
ODR #15823 / 14-15-AS
Date of Birth:
[redacted]
Dates of Hearing: June 5, 2015 June 8, 2015
OPEN HEARING
Parties to the Hearing: Parent[s]
East Stroudsburg Area School District 50 Vine Street
East Stroudsburg, PA 18301
Representative:
Jamie Ray-Leonetti, Esquire 1315 Walnut Street Suite 500 Philadelphia, PA 19107
Anne Hendricks, Esquire
Levin Legal Group
1301 Masons Mill Business Park Huntingdon Valley, PA 19006
Date Record Closed : June 20, 2015
Date of Decision: June 24, 2015
Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official
Background
Student1 is a teen-aged student who is eligible for special education pursuant to the Individuals with Disabilities Education Act [IDEA] and Pennsylvania Chapter 14 under the classifications of Intellectual Disability and Speech/Language Impairment. As such. Student is also an individual with a disability as defined under Section 504 of the Rehabilitation Act, 29 U.S.C. ยง 794. The District requested this hearing because they believe that in order to receive a free appropriate public education [FAPE] Student requires a change in educational placement from Learning Support to Life Skills Support. The Parents oppose this change in placement.
Based upon the preponderance of the evidence before me I find for the District.
Issues
- In order to receive FAPE does Student require a change of placement from Learning Support to Life Skills Support?
- If Student requires a Life Skills Support placement should it be delivered in the middle school or the high school for the 2015-2016 school year?