MB vs. Chester County MH-MR

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: MB

ODR #00514/09-10 KE

Date of Birth: XX-XX-XXXX

Date of Hearing: December 7, 2009

CLOSED HEARING

Parties to the Hearing: Mr.
Ms.

Chester County MH/MR Agency Government Service Center
601 Westtown Road Suite 340 West Chester, Pennsylvania 19382

Interpreters:
Debi Chrisbacher, CDI Pamela Cosper, CI/CT Rebecca Nice, CI/CT

Representative:
Mark Voigt, Esquire
600 West Germantown Pike
Plymouth Mtg Executive Campus Suite 400 Plymouth Meeting, Pennsylvania 19642

Bruce Laverty, Esquire
342 E. Lancaster Avenue Downingtown, Pennsylvania 19335

Date Transcript Received: December 11, 2009

Date of Decision: December 11, 2009

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

Background

The two year, eight months old Child who is the subject of this hearing is deaf, and is eligible for Early Intervention services. The IFSP team has decided that the Child’s Early Intervention program should be provided at the [Redacted] School for the Deaf (SCHOOL). The Parents requested this hearing, seeking a hearing officer order compelling the County to transport their Child to School.

Both parties were represented by counsel. The Child’s mother, [Redacted], participated in this hearing. Therefore, in accord with the Administrative Proceedings Interpreters Act of 2006, P.L. 1538, No. 172 Cl. 02, certified interpreters participated to convey spoken English to the mother and to convey statements made by the mother into English through American Sign Language. Two of the certified interpreters were hearing and one certified interpreter was deaf.1 At the beginning of the hearing the Hearing Officer administered an oath to the interpreters in accord with §585 of the Act.

As this hearing involved a child in the Birth to Three Early Intervention age range, it was required to be completed, including the issuance of a written decision, within 30 calendar days of November 30, 2009, the date on which the Parents’ Complaint was received by the Office for Dispute Resolution. Although the transcript was due to the hearing officer on December 10th it did not arrive until December 11th. Given the Child’s age and circumstances, this decision is being rendered well in advance of the date it is due.

Issue2

Must the Chester County MH/MR Agency transport the Child to the SCHOOL free of charge to the Parents three days per week until the Child’s third birthday?

MB-Chester-County-MH-MR-Agency-ODRNo-0051409-10-KE

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