Student vs. Quakertown Community School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: Student

Date of Birth: xx/xx/xx

Date of Hearing: June 2, 2010

CLOSED HEARING
ODR Case # 01073-09-10-KE

Parties to the Hearing:

Quakertown Community School District 600 Park Avenue
Quakertown, PA 18951

Representative:

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.

ISSUES

Is the District’s proposed ESY program appropriate or not?

Student-Quakertown-Community-ODRNo-01073-09-10-KE-

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