SPECIAL EDUCATION HEARING OFFICER
ODR #8311/07-08 KE
Date of Birth: xx/xx/xx
Dates of Hearing January 11, 2008 January 16, 2008 January 17, 2008 January 28, 2008 January 29, 2008
For the Student:
Judith Gran, Esq.
PILCOP – Public Interest Law Center of Philadelphia
125 South 9th Street, Suite 700 Philadelphia, PA 19107
For the School District:
Director of Special Education Tredyffrin-Easttown School District 738 First Avenue
Berwyn, PA 19312-1779
Lawrence D. Dodds, Esq. Wisler Pearlstine, LLP
484 Norristown Road, Suite 100 Blue Bell, PA 19422-2326
Date Record Closed: February 18, 2008
Date of Decision: March 2, 2008
Hearing Officer: Daniel J. Myers
Student contests the School District’s proposed educational placement, arguing that his middle school’s requirement that he give up special area subjects in order to receive learning support services in the resource room violates his right to special education in the least restrictive environment appropriate. Student also complains about the substantive appropriateness of his IEP. For the reasons described below, I find for Student.
- Whether or not Student is receiving special education in the least restrictive environment appropriate;
- Whether or not Student’s needs require pull-out learning support services; and
- Whether or not the middle school’s schedule of Student’s pull-out learning support services illegally restricts Student’s access to special subjects.