PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
Hearing Officer Decision Student
Birthdate: xx/xx/xx
File No: 6368/05-06 LS
Hearing Dates: May 5, 2006
May 24, 2006
June 2, 2006 June 8, 2006
Final Closing Brief Received: June 22, 2006
Closed Hearing
Parties to the Hearing:
Parents: Mr. and Mrs. Parent Attorney: Frederick Stanczak, Esq.
179 North Broad Street Doylestown, PA 18901
New Hope-Solebury School District
Dr. Barbara Burke-Stevenson, Superintendent 180 West Bridge Street
New Hope, PA 18938-1424
Attorney: Mark Fitzgerald, Esq.
Sweet, Stevens, Tucker & Katz
P.O. Box 5069
331 Butler Avenue New Britain, PA 18901
Final Transcript Received: June 13, 2006
Final Closing Brief Received: June 22, 2006
Date of Decision : July 5, 2006
Hearing Officer : Joseph G. Rosenfeld, Ph.D.
I. Background
Student1 is a xx year old kindergarten student, about to enter first grade, who resides within the boundaries of the New Hope-Solebury School District (SD). He is eligible for special education under as a child with autism. He was diagnosed with autism in 2002 and began receiving early intervention services through the County Intermediate Unit (IU) from December of 2002. He also attended a preschool program in [redacted] for the 2003-2004 and the 2004-2005 academic years. At the time of this hearing, student was attending a regular kindergarten class in the afternoon and the SD was providing for an applied behavior analyst to work with Student in the morning at home. SD (S-10)2.
The parents have rejected the proposed IEP (S-47) because they believe that the level of applied behavior analysis should be 3 hours per day and he requires an hour a week of occupational therapy (OT). They are requesting reimbursement for the private occupational therapy examination and are dissatisfied with the proposed extended school year program (ESY).
III. Issues:
- Is the proposed IEP appropriate because of the failure to provide an appropriate level of ABA services, occupational therapy services and adequate training of the staff members who administer the program?
- Should the cost of the independent occupational therapy examination be reimbursed to the parents?
- Is the SD required to compensate the parents for the [redacted] Camp because they believe that it a more appropriate setting for Student’s ESY program?
- What is the appropriate duration of the ESY program?
- What related services should be offered in the ESY program?
- Is there an award of compensatory education due to the parents?
- What should be the contact between the staff that works with Student at home and the staff that works with him at school and the parents?