VP vs. Haverford Township School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

ODR File No.: 8154/07-08 AS

Student: VP

School District: Haverford Township

Type of Hearing: Open

For the Student:

Parents

David J. Berney, Esq.
8 Penn Center
1628 JFK Boulevard, Suite 1000 Philadelphia, PA 19103

For the School District:

Haverford Township School District 1801 Darby Road
Havertown, PA 19083-3729

Natalie M. Habert, Esq. BeattyLincke
2 West Market Street, 6th Floor West Chester, PA 19383

Due Process Hearing Request Date: October 1, 2007

Hearing Dates: November 16, 21, 27, 30, December 5, 17, 2007

Date Record Closed: January 4, 2008

Decision Date: January 14, 2008

Hearing Officer: Daniel J. Myers

BACKGROUND

Student is a xx year old 4th grade child with autism who contends that she has been denied FAPE while attending an approved private school for the last four years. She also contends that the School District’s proposed program and placement in an intensive learning support classroom at one of its public schools is not the least restrictive environment appropriate. For the reasons described below, I find that Student has been denied FAPE for nearly three of her four years at the APS, and I agree that the School District’s proposed program and placement does not meet its LRE requirements.

ISSUES

Whether the School District has provided a free and appropriate public education to Student in the past?
Whether the School District’s proposed program and placement is appropriate?

VP-Haverford-Township-ODRNo-8154-07-08-AS

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