Student vs. Schuylkill Haven Middle School

Name of Student

Date of Birth

6489/05-06 LS
ODR File Number

June 12, 2006
Date of Hearing

June 30, 2006
File Closed

Closed Hearing

Parties to Hearing


Mr. and Mrs. Parent
Parent Representative

Sarah Davis, Esq. McAndrews Law Offices 30 Cassat Avenue Berwyn, PA 19312

School District

Linda Berandier
Schuylkill Haven Middle School 120 Haven Street
Schuylkill Haven, PA 17927

District Representative
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?

3. The school district’s issuing of an inappropriate IEP?

4. The district providing an inappropriate placement for the student?


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