LR vs. Downingtown Area School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: LR

ODR #1938/10-11-KE

Date of Birth: [redacted]

Dates of Hearing: August 15, 2011 November 1, 2011

CLOSED HEARING

Parties to the Hearing:

Downingtown Area School District 540 Trestle Place
Downingtown, PA 19335

Representative:
Michael Gehring, Esquire McAndrews Law Offices 30 Cassatt Avenue Berwyn, PA 19312

Jennifer Donaldson, Esquire Sweet, Stevens, Katz and Williams 331 Butler Avenue PO Box 5069 New Britain, PA 18901

Date Record Closed: December 2, 2011

Date of Decision: December 7, 2011

Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official

Background

Student1 is a teen-aged eligible child who was identified with Other Health Impairment during the relevant period addressed in this decision. Student’s Parents requested this hearing, asserting that the District failed to offer Student a free, appropriate public education [FAPE] because of deficiencies in the Individualized Education Programs [IEPs] and/or their implementation. The District maintains that it offered Student FAPE.

For the reasons presented below I find for the Parents with modifications.

Issue

Did the Downingtown Area School District deny the Student a free appropriate public education (FAPE) for the 2009-2010 school year2 and for the 2010-2011 school year through December 15, 20103 by 1) failing to provide individualized instruction in the areas of math, organization skills, and focus; 2) failing to address Student’s emotional needs by failing to provide a positive behavior support plan or employing other means; 3) failing to implement the portion of the IEP concerning facilitating positive peer relationships; and 4) failing to provide progress reports to the Parents.

LR-Downingtown-Area-ODRNo-1938-10-11-KE

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