LP vs. Lower Merion School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: L.P.

Date of Birth: [redacted]

ODR No. 1698-1011 KE

CLOSED HEARING

Parties to the Hearing: Parent[s]

Lower Merion School District 301 East Montgomery Avenue Ardmore, PA 19003-3338

Representative: Pro Se

Gail A. Weilheimer, Esquire Wisler Pearlstine, LLP
Blue Bell Executive Campus 460 Norristown Road, Suite 110 Blue Bell, PA 19422

Date of Mediation April 29, 2011

Date of Hearing: May 4, 2011

Record Closed: May 7, 2011

Date of Decision: May 12, 2011

Hearing Officer: William F. Culleton, Jr., Esquire

INTRODUCTION AND PROCEDURAL HISTORY

Student is an eligible elementary school student; Student at all relevant times resided within the Lower Merion School District (District). (NT 80-84.) Student is identified with Specific Learning Disability and Speech and Language Impairment under the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). Ibid. Parents requested due process to challenge the District’s offer and delivery of special education services and Extended School Year Services (ESY).1 The District asserts that it has offered a Free Appropriate Public Education (FAPE) as required by the IDEA.

This matter is bifurcated; I will address only the Parents’ challenge to the offered ESY services in my decision today. All other issues raised by parents’ Complaint and request for due process will be addressed at a subsequent hearing, which is scheduled for June 7, 2011. In addition, the District has filed a Complaint seeking to defend its evaluation of Student in response to Parents’ request for an independent educational evaluation. This issue also will be heard on June 7.

The hearing was conducted on an expedited basis and concluded in one session. The record closed upon receipt of transcripts. I conclude that the District has offered appropriate ESY services and that its offer is not a denial of a FAPE.

ISSUE

1. Was the District’s offer of ESY services inappropriate so as to deny a FAPE to the Student?

L-P-Lower-Merion-ODRNo-1698-1011-KE

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