PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
DECISION
EXPEDITED DUE PROCESS HEARING
Name of Child: R.H.
ODR #3094/11-12-AS
Date of Birth:
[Redacted]
Date of Hearing: May 16, 2012
CLOSED HEARING
Parties to the Hearing: Parents
School District of Philadelphia 440 North Broad Street Philadelphia, PA 19130
Representative:
David Arnold, Esquire
920 Matsonford Road Suite 106 West Conshohocken, PA 19428
Brian Subers, Esquire
Fox Rothschild
10 Sentry Parkway Suite 200 Blue Bell, PA 19422
Date Transcript Received: May 19, 2012
Date of Decision: May 26, 2012
Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official
Background
Student1 is an elementary-school-age resident of the School District of Philadelphia [District] who is eligible for special education pursuant to the Individuals with Disabilities Education Act [IDEA]2 under the classification of Autism and consequently a protected handicapped individual under Section 504 of the Rehabilitation Act of 1973 [Section 504],3 as well as the federal and state regulations implementing those statutes. Student’s current placement, a private school [Private School] for children with Autism, is funded by the District.
The current matter concerns an expedited due process request4 from Student’s Parents [Parents] who maintain that an IEP meeting to determine Student’s Extended School Year [ESY] programming for Summer 2012 was not held on or before February 28, 2012 and a Notice of Recommended Educational Placement [NOREP] for ESY Services was not sent on or before March 31, 2012 as per Pennsylvania regulations, and that no IEP Meeting has been held to date regarding Student’s 2012 ESY services. The Parents believe that the proposed ESY program in the current placement is not appropriate, and in a subsequent hearing intend to challenge the appropriateness of the placement overall.
Issue
Is the Summer 2012 ESY program the District has proposed for Student appropriate?