RA vs. Marple Newtown School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: R.A.

Date of Birth: [redacted]

Dates of Hearing: September 13 & 20, 2011

CLOSED HEARING

ODR Case # 1652-10-11-KE

Parties to the Hearing: Parent

Marple Newtown School District 26 Media Line Road
Suite 210
Newtown Square, PA 19073-4694

Representative:

Nancy Ryan, Esq. McKinley & Ryan
238 West Miner Street West Chester, PA 19382

Karl Romberger, Esq.
Sweet, Stevens, Katz & Williams 331 East Butler Avenue
P.O. Box 5069
New Britain, PA 18901

Date Record Closed: October 12, 2011

Date of Decision: October 25, 2011

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

[Name redacted] (“student”) is a 17-year old student residing in the Marple Newtown School District (“District”) who is a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1. Specifically, the student is identified with severe autism, mental retardation, and other disabilities. The parties dispute the necessity, and therefore the appropriateness, of a residential component for the student’s educational programming. Particularly, parent claims that a residential setting is a necessary component for the provision of a free appropriate public education (“FAPE”) for the student. The District maintains that a residential setting is necessary only for the provision of medically necessary services; as such, a residential setting is not a necessary component for the provision of FAPE. Alternatively, the District argues that, due to the abdication of responsibility of other state-based and/or county-based agencies, or other funding sources, it has been placed in a position to provide behavior health services (including a residential component) necessary for a provision of FAPE but which rightfully belong under the auspices of other state-based and/or county-based agencies, or other funding sources.

For the reasons set forth below, I find that a residential setting is required to provide a FAPE to the student.

ISSUES

Is a residential setting necessary for the student to receive a FAPE?

R-A-Marple-Newtown-ODRNo-1652-10-11-KE

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