MB vs. Avon Grove School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: M.B.

Date of Birth: [redacted]

Dates of Hearing:

November 17, 2012 December 19, 2012

CLOSED HEARING

ODR Case #3202-1112KE

Parties to the Hearing: Parents

Avon Grove School District 383 S. Jennersville Road West Grove, PA 19390

Representative:

David Thalheimer, Esquire 100 South Broad Street Suite 1950
Philadelphia, PA 19110

Kathleen Metcalfe, Esquire 331 Butler Avenue
P.O. Box 5069
New Britain, PA 18901

Date Record Closed: January 14, 2013

Date of Decision: January 29, 2013

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

Student is a [teenaged] student residing in the School District (“District”). The parties agree that the student qualifies under the terms of the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEA”)1 for specially designed instruction/related services for a significant specific learning disabilities in reading and written expression as well as speech and language impairment.

As the result of a settlement agreement from a prior dispute between the parties, the student attended a private educational placement at public expense for the summer of 2011 and the 2011-2012 school year. As the 2012-2013 school year approached, the parties could not agree on the educational program for the current school year. Parents claim that the individualized education plan (“IEP”) proposed by the District for the 2012-2013 school year is inappropriate, and filed the special education due process complaint that led to these proceedings.2 The District counters that the program proposed for the student is appropriate, and, accordingly, continued attendance of the student at the private placement in the current school year would be only at private expense. Under the terms of the settlement agreement, the student remains in the private placement at public expense for the current school year pending resolution of these proceedings.3

For the reasons set forth below, I find that the District has failed to propose an appropriate IEP. Therefore, the student will remain at the private placement at public expense for the 2012-2013 school year, and placement for summer 2013 programming will also be at public expense.

ISSUES

Is the proposed IEP for the 2012-2013 school year appropriate?

M-B-Avon-Grove-ODRNo-3202-1112KE

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