Special Education Hearing Officer
Child’s Name: Student
Date of Birth: xx/xx/xx
Date of Hearing: June 2, 2010
ODR Case # 01073-09-10-KE
Parties to the Hearing:
Quakertown Community School District 600 Park Avenue
Quakertown, PA 18951
Alan Yatvin, Esq.
230 S. Broad Street Suite 503
Philadelphia, PA 19102
Anne Hendricks, Esq.
1402 Masons Mill Business Park 1800 Byberry Road
Huntingdon Valley, PA 19006
Date Record Closed: June 2, 2010
Date of Decision: June 11, 2010
Hearing Officer: Jake McElligott, Esquire
INTRODUCTION AND PROCEDURAL HISTORY
Student (“student”) is a teen-aged student who has been identified as a student in need of emotional support and with a specific learning disability. The student resides in the Quakertown Community School District (“District”). The parties do not dispute that the student is a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1. The parties dispute centers on the student’s extended school year (“ESY”) program. The parent maintains that the District’s proposed ESY program is inappropriate due to prejudicial procedural violations and requests alternative ESY arrangements. The District maintains that the proposed ESY program it has offered is appropriate and, as such, has complied with its duties under federal and Pennsylvania law to offer the student a free appropriate public education (“FAPE”). For the reasons set forth below, I find in favor of the parent.
Is the District’s proposed ESY program appropriate or not?Student-Quakertown-Community-ODRNo-01073-09-10-KE-