Pennsylvania
Special Education Hearing Officer
DECISION
Student’s Name: S.S.
Date of Birth: [Redacted]
ODR No. 3208-11-12-AS
CLOSED HEARING
Parties to the Hearing: Parents
Quakertown Community Sch. District 100 Commerce Drive
Quakertown, PA 18951
Representative:
Donald S. Litman, Esquire P.O. Box 35
Lansdale, PA 19446
Sharon W. Montanye, Esquire
Sweet, Stevens, Katz & Williams,LLP 331 Butler Avenue, P.O. Box 5069 New Britain, PA 18901
Date of Hearing: June 11, 2012
Record Closed: June 15, 2012
Date of Decision: June 28, 2012
Hearing Officer: William F. Culleton, Jr., Esq., CHO
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). (NT 15.) The District has identified Student with Autism, Speech or Language Impairment and Other Health Impairment. (NT 11; S-22.) Parents assert that the District has failed to provide sufficient and appropriate Extended School Year services (ESY), and thus has failed to provide the Student with a free appropriate public education (FAPE), as required by the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). Parents seek an order that the District provide an appropriate program1. The District asserts that its Individualized Education Program (IEP)
offered an appropriate ESY program.
The hearing was concluded in one session. The parties waived summations, and the record
closed upon receipt of transcript.
ISSUES
1. Did the District fail to offer sufficient and appropriate ESY services to Student for the summer of 2012?
2. Should the hearing officer order the District to provide appropriate ESY services for the summer of 2012?
S-S-Quakertown-Community-ODRNo-3208-11-12-AS