NA vs. Upper Darby School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: N.A.

Date of Birth: [redacted]

ODR No. 17896-15-16-KE

CLOSED HEARING

Parties to the Hearing: Parent[s]

Upper Darby School District 601 North Lansdowne Avenue Drexel Hill, PA 19026

Representative: Pro Se

Scott C. Gottel, Esquire Holsten & Associates One Olive Street Media, PA 19063

Date of Hearing: June 23, 2016

Record Closed: June 23, 2016

Date of Decision: July 8, 2016

Hearing Officer: William F. Culleton, Esquire, CHO

INTRODUCTION AND PROCEDURAL HISTORY

The child named in this matter (Student)1 is an eligible enrollee of the school district named in this matter (District). The Student is classified under the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA) as a child with the disabilities of Serious Emotional Disturbance and Other Health Impairment.

Student’s mother (Parent) requests due process, asserting a number of claims based upon the IDEA. In particular, Parent requests extended school year services (ESY) under the IDEA; this under Pennsylvania law requires an expedited hearing, with a decision due date within 30 calendar days of the filing to the complaint. 22 Pa. Code §14.132(e). I bifurcated the matter, and I decide only the issue regarding ESY in this final decision. The remainder of Parent’s claims will be calendared and decided on the ordinary IDEA timelines, with a new ODR case number. The District asserts that Student is ineligible for ESY services for the current summer recess.

The hearing was completed in one session. At the outset of the hearing, Parent appeared and waived her right to participate, then left the hearing room and did not return. I have determined the credibility of all witnesses and I have considered and weighed all of the evidence of record. I conclude that the Student is not eligible for ESY services for the current summer recess.

ISSUES

1. Is Student eligible for ESY services for the current summer recess?

N-A-Upper-Darby-ODRNo-17896-15-16-KE

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