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:

  1. 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?
  2. Should the cost of the independent occupational therapy examination be reimbursed to the parents?
  3. 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?
  4. What is the appropriate duration of the ESY program?
  5. What related services should be offered in the ESY program?
  6. Is there an award of compensatory education due to the parents?
  7. 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?

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