Student vs. Pennsbury School District

PENNSYLVANIA
Special Education Hearing Officer

Child’s Name: Student
Date of Birth: xx/xx/xx
File Number: 8105-07-08
Dates of Hearing: October 24, 2007; November 14, 1007; December 13, 2007

Parties to the Hearing: Mr. and Mrs.

Pennsbury School District P.O. Box 338
134 Yardley Avenue Fallsington, PA 19058-0338

CLOSED HEARING

Parties to the Hearing: Mr. and Mrs.

Pennsbury School District P.O. Box 338
134 Yardley Avenue Fallsington, PA 19058-0338

Representative:

Claudia Huot, Esq.
Wisler Pearlstine, LLP
484 Norristown Road, Suite 100 Blue Bell, PA 19422

Date Transcript Received: January 2, 2008

Date of Decision:1 January 4, 2008

Hearing Officer Name: Gregory J. Smith

Background

Student is a xx-year-old student whose legal residence is within the area served by the Pennsbury School District (District). Student was first diagnosed with Fragile X syndrome at the age of six and is eligible for special education and related services as a child with a disability under the categories of autism and multiple disabilities. Student was born in [country redacted] and moved to [city, state redacted], with his family in 1999. In [state] Student attended special education programs housed in regular public school buildings within the [city] public school system. By middle school Student’s behavior became more severe, including increased levels of self-injurious behavior, aggression, cursing, refusing to eat, and impulsivity. In March 2006, upon the recommendation of Student’s treating psychiatrist, the [city] public school system placed Student at [facility], a full-time residential facility located in [town redacted] Pennsylvania.

In the summer of 2006 Student’s parents moved to [town redacted], Pennsylvania, in order to be closer to their son. [Town], Pennsylvania is located in the area served by the District. In August 2006 Student was enrolled in the District. Shortly after Student’s enrollment, the District completed an initial evaluation and agreed to continue Student’s program at [facility] for the 2006 – 2007 school year. In the summer of 2007 the District proposed changing Student’s placement to a day program at [redacted] Academy, located in [township], Pennsylvania, with Student living at home. Student’s parents rejected that proposal and requested the present special education due process hearing.

The single issue at the present hearing was the question of what is the appropriate placement for Student. Both parties agreed that the IEP that was in place at the time Student’s parents requested the present hearing (Exhibit S-22) was appropriate and both parties agreed that the IEP that was developed shortly before the start of the present hearing (Exhibit S-62) was appropriate. What the parties disagreed on was whether or not Student should remain at the full-time residential program or may he be appropriately educated at the [redacted] Program while living at home.

Issue

What is the appropriate placement for Student?

Student-Pennsbury-ODRNo-8105-07-08

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