Child’s Name

Date of Birth

6643/05-06 LS and 6595/05-06 LS
ODR File Numbers

July 5, 6, 7, 21 and 24, 2006
Dates of Hearings

July 31, 2006
File Closed

Closed Hearing

Parties to Hearing Parent

Parent Representative
Alan Yatvin, Esq.
230 S. Broad Street, Suite 503 Philadelphia, PA 19102

School District
Ruth Furman, Executive Dir. of Special Education Upper Darby School District
4611 Bond Avenue
Drexel Hill, PA 19026

District Representative Scott Gottel, Esq. Holsten and Associates One Olive Street Media, PA 19063

Dates of Transcripts: July 9, 13, 16, 28, 2006

Date of Decision August 8, 2006

Kenneth Rose Hearing Officer


The student is a xx year-old student who is a resident of the school district. In elementary school he received special education services as a learning disabled student. In middle school (grade six) there was a traumatic incident. The parent removed the student from the school district and placed him in [redacted Private] School and filed for a due process hearing.

After a due process hearing the school district and the parent entered into a settlement agreement that placed the student at Private School for grades seven and eight. The agreement established a time line and process for a reevaluation of the student in his eighth grade year. There was provision for evaluation, Individualized Education Program (IEP) development and placement in the agreement.

Currently the student is identified as an eligible student with emotional disturbance (ED) and learning disability (LD).


1. Is the identification of the student as emotionally disturbed accurate? 2. Is the school district’s recent Evaluation Report appropriate?
3. Is the proposed placement appropriate?
4. Were proper procedures followed in developing the proposed IEP? 5. Is the proposed IEP appropriate?


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