JW vs. East Stroudsburg Area School District

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. § 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

  1. In order to receive FAPE does Student require a change of placement from Learning Support to Life Skills Support?
  2. 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?
J-W-East-Stroudsburg-Area-ODRNo-15823-14-15-AS

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.