SK vs. Upper Moreland Township School District

Pennsylvania
Special Education Hearing Officer

DECISION

Student’s Name: S.K.

Date of Birth: [redacted]

ODR No. 13459-12-13-AS

CLOSED HEARING1

Parties to the Hearing: Parents

Upper Moreland Township School District 2900 Terwood Road
Willow Grove, PA 19090-1431

Representative:

Frederick M. Stanczak, Esquire 179 North Broad Street, 2d Floor Doylestown, PA 18901

Jane M. Williams, Esquire
Sweet, Stevens, Katz & Williams LLP 331 Butler Avenue
New Britain, PA 18901

Dates of Hearing: None;

Record Stipulated Record Closed: March 26, 2013

Date of Decision: April 9, 2013

INTRODUCTION AND PROCEDURAL HISTORY

The student named in the title page of this decision (Student) is an eligible resident of the school district named in the title page of this decision (District), and attends an Approved Private School (School) pursuant to a placement by the District. (FF 1-4.)2 Student is [approaching] 21 years of age. (FF 5.) At an IEP meeting in December 2012, the IEP team declined to determine whether or not Student is eligible for Extended School Year services (ESY) pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA), because the School’s ESY services begin on July 8, 2013, after Student attains age 21, and the District is of the opinion that Student at that time will no longer be eligible for special education under the

IDEA and state law. (FF 5, 11.)
Parents named in the title page of this decision (Parents) requested due process, alleging

that the District failed inappropriately to find Student eligible for ESY services, requesting an order establishing Student’s eligibility, directing the IEP team to provide ESY services through the Student’s IEP, and directing that Student not graduate until completion of appropriate ESY services.

The matter is decided on a stipulated record, and the record closed upon receipt of stipulated findings of fact and written summations.

ISSUE

1. Is Student eligible for ESY services to be provided in the summer of 2013, and commencing after Student attains 21 years of age and before the beginning of the 2013- 2014 school term?

S-K-Upper-Moreland-Township-ODRNo-13459-12-13-AS

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