TM vs. School District of Lancaster

Special Education Hearing Officer

Child’s Initials: T. M.
Date of Birth: xx/xx/xx
File Number: 6399/05-06 LS
Dates of Hearing: April 21, 2006; May 3, 2006; May 18, 2006


Parties to the Hearing: Parent

School District of Lancaster 251 South Prince Street Lancaster, PA 17603


Vivian Narehood, Esq. Gibbel, Kraybil, & Hess 41 East Orange Street Lancaster, PA 17602

pro se

Jeffrey Champagne, Esq. McNees, Wallace, & Nurick P.O. Box 1166
Harrisburg, PA 17603

Date Transcript Received: May 24, 2006

Date of Decision:1 June 8, 2006

Hearing Officer Name: Gregory J. Smith


STUDENT is a [teenaged] student who resides with his mother and other members of his family within the area served by the School District of Lancaster (District). STUDENT is eligible for special education and related services as a child with a disability who has been identified as having an emotional disturbance. STUDENT began his educational career in another school district and enrolled in the District at the start of fourth grade. During that period and through fourth grade STUDENT was not identified as a child with a disability. Prior to the start of fifth grade, STUDENT was placed in a psychiatric hospitalization. Shortly after, in September 2003, STUDENT was placed in an alternative residential school for children with behavioral and emotional problems. While in that placement STUDENT was identified as having an emotional disturbance. STUDENT remained in that placement until the end of January 2005. Upon his return to the District he was placed in an emotional support classroom. STUDENT’s mother requested the present hearing seeking an order directing the District to refer STUDENT to the Intensive Day Treatment program run by [redacted]. The Intensive Day Treatment program provides mental health services and has an educational component that is run by the local Intermediate Unit.


Must the School District refer STUDENT to the Intensive Day Treatment program run by [redacted] and the educational component of that program run by the local Intermediate Unit?


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