Student vs. Wilson Area School District

PENNSYLVANIA
Special Education Hearing Officer

DECISION

Student
Date of Birth: xx/xx/xx

ODR File No.: 6597/05-06 LS

Date of Hearing: June 26, 2006

Closed Hearing

Parties to the Hearing: Mr. and Mrs. Parent

Wilson Area School District 2040 Washington Blvd. Easton, PA 19042

Representatives:

Frederick M. Stanczak, Esquire 179 N. Broad Street Doylestown, PA 18901

Stephen J. Jacobson, Esquire Sweet Stevens Tucker & Katz LLP 331 Butler Avenue, P.O. Box 5069 New Britain, PA 18901

Date Transcript Received: July 3, 2006

Record Closed: July 3, 2006

Date of Decision: July 17, 2006

Hearing Officer: Rosemary E. Mullaly

I. Background and Procedural History

A. Background

The Student is a resident of the Wilson Area School District (the “District”) who, in February of 2003, was identified as having specific learning disabilities in reading, math, and written expression. The Student’s parents believe that he has received an appropriate educational program between the time he first received special educational programming until the end of the 2005-2006 school year.
For 2006-2007, the Student will be transitioning to the District’s high school for ninth grade. Only one issue is in dispute regarding the District’s proposed IEP: whether the specially designed instruction of “in-class support will be provided by a special education teacher in all academic classes” is required in order for the District’s proposed IEP to be appropriate. The parents believe that this level of support was previously provided to the Student during his entire successful middle school education and having a special education teacher rather than an instructional aide accompanying him to his academic courses is necessary for him to make meaningful education progress in his high school program. The District does not believe that the Student previously received the requested level of service in his academic classes and that he does not require this level of intervention to receive an appropriate program now. Instead, the District proposes an instructional aide supervised by the Student’s special education teacher to accompany him to all of his academic classes and the eight learning support study halls periods each six-day cycle.

B. Procedural History

The Office for Dispute Resolution received the parents’ May 12, 2006 hearing request in this matter on May 24, 2006. On May 24, 2006, the parties engaged in a resolution meeting that did not resolve their dispute regarding whether “in-class support will be provided by a special educationteacher in all academic classes” is necessary for the Student to receive an appropriate education. The single session hearing took place on June 26, 2006 addressing this sole issue.

Issue Presented

Does the Student require in-class support by a special education teacher in all academic classes in order to receive a free appropriate public education?

Student-Wilson-Area-ODRNo-6597-05-06-LS

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