Student vs. Freeport Area School District

Special Education Hearing Officer


Child’s Name: Student

Date of Birth: xx/xx/xx
Date of Hearing: September 1, 2009

ODR Case # 00026-09-10-KE

Parties to the Hearing:

Freeport Area School District P.O. Box C
Freeport, PA 16229

Representative: Pro Se

John Vogel, Esq. Tucker Arensberg 1500 One PPG Place Pittsburgh, PA 15222

Date Record Closed: September 21, 2009

Date of Decision: October 6, 2009

Hearing Officer: Jake McElligott, Esquire


Student (“student”) is a teen-aged student with autism residing in the Freeport Area School District (“District”) who, parents claim, was not provided, in the summer of 2009, with an appropriate extended school year (“ESY”) program as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1. As a result, parents allege that they were forced to provide an appropriate ESY program at their own expense and seek reimbursement for that program. The District maintains that it offered an appropriate ESY program to the student and, as such, has complied with its duties under federal and Pennsylvania law to offer the student a free appropriate public education (“FAPE”).


Did the District offer an appropriate ESY program to the student for the summer of 2009?

If not, are parents entitled to reimbursement for the privately funded ESY program and, if so, in what amount?


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