KJ vs. Bentworth School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION

Child’s Name: KJ

Date of Birth: xx/xx/xx
Date(s) of Hearing: April 13, 2007; April 25, 2007

OPEN HEARING
ODR NO. 7435/06-07 KE

Parents
Mr. and Mrs.

School District:

Bentworth School District 150 Bearcat Drive Bentleyville, PA 15314-1422

Parents’ Representative:

Gina Banai, Esq.
510 Main Street, Suite E Bentleyville, PA 15314

District Representative:

Jocelyn Kramer, Esq. Ira Weiss Law Offices 445 Ft. Pitt Blvd. Pittsburgh, PA 15219

Dated Transcript Received: 4/28/07
Date Closing Arguments Received: 5/8/07

Date Record Closed: 5/8/07
Date of Decision: 5/24/07
Hearing Officer: Margaret Drayden, Esq.

Précis

Student has a complicated medical and educational history which impacts on her learning. Parents believe her slow rate of learning, coupled with regression, prove that the District has failed to educate Student appropriately and they seek a private placement, which they say the District has agreed to investigate. The District’s position is that Student is Mentally Retarded, that learning is slow, and that it provides an appropriate placement in the least restrictive environment.

Issues

1. In light of Student’s minimal progress, has the District provided a free appropriate public education (FAPE) in the least restrictive environment (is Student’s current placement appropriate) or does Student require an approved private placement?

2. Is the proposed IEP, which provides for increased learning support services, appropriate and reasonable and calculated to provide Student with a meaningful educational benefit in the least restrictive environment?

3. Did the District agree to submit paperwork for Student to attend an approved private placement ([school name redacted])?

4. Should the 11/9/06 Reevaluation Report be revised to re-include all intelligence testing and the Mental Retardation designation?

KJ-Bentworth-ODRNo-7435-06-07-KE

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