LD vs. Marple Newtown School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

6561/05-06 AS

File Number

L.D.

Child’s Name

Xx/xx/xx

Date of Birth

August 7, 2006

Date of Hearing

Open

Type of Hearing

For the Student:

C. Scott Shields, Esq. Shields & Hope, LLP P.O. Box 23
223 N. Monroe Street Media, PA 19063-0023

For the Marple Newtown School District:

William Duffy, Director of Pupil Services
Marple Newtown School District 26 Media Line Road, Suite 210 Newtown Square, PA 19073-4696

Gina K. DePietro, Esq.
Sweet, Stevens, Tucker & Katz P.O. Box 5069
331 Butler Avenue
New Britain, PA 18901

Date of Hearing: August 7, 2006

Receipt of Transcript: August 12, 2005

Date of Decision: August 30, 2006

Hearing Officer: Daniel J. Myers

BACKGROUND

Student is a xx year old, 7th grade resident of the Marple Newtown School District (School District) with Attention Deficit Hyperactivity Disorder and Asperger Syndrome who attended an approved private school during the 2005-2006 school year. Student’s parents believe the School District has denied a free and appropriate public education (FAPE) to Student since January 2006 when it continued to assign Student to a particular classroom after Student developed an alleged psychosomatic reaction to the teacher in that classroom. For the reasons described below, I find for Student, but not for the reason suggested by Student. I conclude that Student was denied FAPE since January 2006, not because the School District failed to reassign Student, but because the School District did not sufficiently evaluate and program for Student’s alleged psychosomatic reaction.

ISSUE

Whether or not the School District denied a free and appropriate public education to Student since January 2006 when it, or its agent, continued to assign Student to a particular teacher despite a recommendation to the contrary by Student’s psychiatrist?

L-D-Marple-Newtown-6561-05-06-AS

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