KP vs. Eastern Lebanon County School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: KP

Date of Birth:
Date of Hearing: August 24, 2009

CLOSED HEARING

ODR Case # 9979-08-09-AS

Parties to the Hearing:

Ms. Amy Shoemaker
Director of Pupil Services
Eastern Lebanon County School District 180 Elco Drive
Myerstown, PA 17067

Representative:

Amy C. Slody, Esq. Gibbel, Kraybill & Hess 41 East Orange Street Lancaster, PA 17602

Anthony F. Andrisano, Jr. Marshall, Dennehy, et. al. 4200 Crums Mill Road/Suite B Harrisburg, PA 17112

Date Record Closed: September 10, 2009

Date of Decision: September 25, 2009

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

Student is a 17-year old student residing in the Eastern Lebanon County School District (“District”) who parents claim should have been identified as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1. The parents have requested compensatory education and tuition reimbursement of a privately funded education placement due to an alleged failure to provide a free appropriate public education (”FAPE”). Specifically, parents allege that the District should have identified the student as a student with an emotional disturbance and specific learning disabilities. The District maintains that the student does not meet the criteria for any identification as a student with a disability under the IDEIA and, consequently, has acted appropriately at all times towards the student.

ISSUES

Does the student qualify under the IDEIA as a student with an emotional disturbance?

KP-Eastern-Lebanon-County-ODRNo-9979-08-09-AS

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