RM vs. Dover Area School District

Pennsylvania
Special Education Hearing Officer

DECISION
DUE PROCESS HEARING

Name of Child: R.M.

ODR #17588 / 15-16 KE

Date of Birth: [redacted]

Date of Hearing: May 16, 2016

CLOSED HEARING

Parties to the Hearing: Parent[s]

Dover Area School District 2 School Lane
Dover, PA 17315

Representative:
Daniel Fennick, Esquire Anderson, Converse & Fennick 1423 East Market Street
York, PA 17403

Zachary E. Nahass, Esquire CGA Law Firm
135 North George Street York, PA 17401

Date Record Closed: June 1, 2016

Date of Decision: June 4, 2016

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

Background

Student is an elementary school-age Student enrolled in the District. Student is a qualified handicapped person / protected handicapped student under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794), the federal regulations implementing Section 504 (34 C.F.R. §§104.32—104.37), and Chapter 15 of the Pennsylvania Code. Student has had a 504 Service Plan (504 Plan) since December 2014.

Student is diagnosed with Ehlers-Danlos syndrome, which also involves Postural Orthostatic Tachycardia Syndrome (POTS). Student may experience rapid lowering of blood pressure that can result in dizziness and occasional fainting.

In March 2016 Student fainted in the nurse’s office and fell from a chair, sustaining a concussion. The Parents believe that to insure Student’s safety Student requires a medically trained dedicated aide in close proximity to Student at all times throughout the school day. The District believes that it is capable of providing supervision of Student with existing staff and that a medically trained dedicated aide is not necessary to ensure Student’s safety.

Based upon review of the record produced at the single hearing session, as well as review of the parties’ respective written legal arguments, I find in favor of the District.

Issue

Must the District be required to provide a medically trained dedicated aide in close proximity to Student at all times during the school day?

R-M-Dover-Area-ODRNo-17588-15-16-KE

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