Name of Student
Date of Birth
ODR File Number
June 12, 2006
Date of Hearing
June 30, 2006
Parties to Hearing
Mr. and Mrs. Parent
Sarah Davis, Esq. McAndrews Law Offices 30 Cassat Avenue Berwyn, PA 19312
Schuylkill Haven Middle School 120 Haven Street
Schuylkill Haven, PA 17927
Gina DePietro, Esq.
Sweet Stevens Tucker & Katz 331 Butler Avenue
PO Box 5069
New Britain, PA 18901
Date Transcript Received: June 19, 2006
Date of Decision: July 5, 2006
Kenneth Rose Hearing Officer
The student is a [teenaged] student who just completed seventh grade in the school district’s middle school. He attended school district schools until the end of grade four. In the summer of 2003 he was committed by court order to the [redacted] Program, a day treatment mental health facility. The reason for the placement was dangerous behaviors at home. He remained at [redacted] for fifth and sixth grades at which time he returned to the school district. He is an eligible student in need of emotional support (ES).
Was the student denied FAPE due to:
1. The district’s failure to evaluate the student?
2. The district’s production of an inappropriate ER?