Student vs. Southern Lehigh School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

6367/05-06 KE
File Number

Student Child’s
Name

Xx/xx/xx
Date of Birth

5/30/06, 5/31/06
Dates of Hearing

Closed
Type of Hearing

For the Student:

Mr. and Mrs. Parent

Frederick M. Stanczak, Esq.
Law Offices of Frederick M. Stanczak 179 North Broad Street, 2nd Floor Doylestown, PA 18901

For the Southern Lehigh School District:

Morag Christi-Churm, Director of Special Education
Southern Lehigh School District
5775 Main Street

Center Valley, PA 18034-9703

Michael J. Connolly, Esq. Sweet, Stevens, Tucker & Katz 331 Butler Avenue
P.O. Box 5069
New Britain, PA 18901-5069

Dates of Hearing: May 30 and 31, 2006

Date Record Closed: July 1, 2006

Date of Decision: July 11, 2006

Hearing Officer: Daniel J. Myers

Background

Student is a resident of the Southern Lehigh School District (School District) who is currently enrolled in a charter school. Student seeks compensatory education from the School District, alleging that it denied a free and appropriate public education (FAPE) to Student when: 1) it excluded him from school for ten days or longer in November and December 2004 without a manifestation determination; 2) it failed to program appropriately for Student for the 2004- 2005 and 2005-2006 school years; and 3) it failed to conduct an appropriate evaluation of Student’s anxiety and emotional condition.

For the reasons described below, I find generally for the School District, i.e., that it was not required to conduct a manifestation determination, nor did it fail either to program appropriately for Student for the 2004-2005 and 2005-2006 school years or to conduct an appropriate evaluation of Student’s anxiety and emotional condition. I do find, however, that the School District denied FAPE to Student when it did not adequately provide education during his house arrest in November and December 2004.

Issues

  •   Whether or not the School District denied FAPE to Student by excluding him from school for ten days or longer in November and December 2004 without a manifestation determination?
  •   Whether or not the School District denied FAPE to Student by failing to program appropriately for Student for the 2004-2005 and 2005-2006 school years?
  •   Whether or not the School District denied FAPE to Student by failing to conduct an appropriate evaluation of Student’s anxiety and emotional condition?
Student-Southern-Lehigh-ODRNo-6367-05-06-KE

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