Student vs. Hempfield School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: Student

Date of Birth: xx/xx/xx

Dates of Hearing: May 26, August 13, August 17, September 21, 2009

CLOSED HEARING

ODR No. 9697/08-09 LS

Parties to the Hearing: Parents:

School District:

Director of Special Education Hempfield School District 200 Church Street Landisville, PA 17538

Representative:

Parents Attorney:
Daniel Fennick, Esq. Anderson, Converse & Fennick 1423 East Market Street
York, PA 17403

School District Attorney:
Sarah Davis, Esq.
Sweet, Stevens, Katz & Williams P.O. Box 5069
331 Butler Avenue
New Britain, PA 18901

Date Record Closed: September 28, 2009

Date of Decision: October 6, 2009

Hearing Officer: Daniel J. Myers

INTRODUCTION AND PROCEDURAL HISTORY

Student (Student) 1 is an elementary-school aged resident of the Hempfield Area School District (District) with a disability who currently receives special education services in the learning support classroom (Classroom A) in Student’s neighborhood school (Neighborhood School). The District proposes placing Student in its autistic support classroom (Classroom B), which is located in a different school building (Other School). Student argues that the District’s proposed program and placement fails to meet least restrictive environment (LRE) requirements because it is not in Student’s neighborhood school building. The District prevails in this case because Student does not have a per se right to attend the Neighborhood School, and the record establishes that the District’s proposed program and placement is appropriate and satisfies LRE requirements.

ISSUE

 Whether the District’s proposed program and placement is in the LRE if it is not in Student’s Neighborhood School?

Student-Hempfield-ODRNo-9697-08-09-LS

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