RF vs. East Penn SD

Due Process Hearing for R. F.

Date of Birth: xx/xx/xx

ODR File Number: 6362/05-06/AS

Date of Hearing: April 11, 2006



East Penn SD
800 Pine St. Emmaus, PA 18040

Representative: Pro se

Marc Fisher, Esq. 515 Linden St. Allentown, PA 18101

Date Transcript/Exhibits Received: April 15, 2006

Date of Closing Statements/Record Closure: April 16, 2006

Date of Decision: April 30, 2006 Hearing Officer: Joy Waters Fleming, Esq.


“Student” is currently [elementary school-aged] and enrolled in the East Penn School District, “District”. (FF. 1-2) Student is eligible for and currently receives special education.


1) Did the District deny Student FAPE by failing to provide necessary homebound instruction during the 2005-2006 school year?

2) Did the District fail to conduct a timely re-evaluation of Student which resulted in a denial of FAPE?1


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