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