Decision
Due Process Hearing for WW
Date of Birth: xx/xx/xx File Number: 7621/06-07LS
Date of Hearing: May 8, 2007
OPEN HEARING
Parties: Mr.
Ms. Lee Carr
Scranton City School District 425 N. Washington Avenue Scranton, PA 18503-1305
Representative:
Harold McGrath, Esq McGrath Law Office
321 Spruce Street, Suite 600 Scranton, PA 18503
Date Transcript Received: May 11, 2007
Date of Decision: May 20, 2007
Hearing Officer: David F. Bateman, PhD
I. BACKGROUND
Student is a xx-year-old student eligible for special education and related services identified by the District as a student with autism and other disabilities. He currently attends the local high school. The District has found him eligible for extended school year services for the summer of 2007 and offered an individualized education program (IEP) for extended school year (ESY) services on March 23, 2007. The Parent disagrees with the IEP, specifically the amount and duration of the ESY services offered.
This hearing was held shortly after the U.S. Supreme Court issued their decision in the Schaffer v. Weast1 matter shifting the burden of persuasion to the party filing for the hearing. It was clear a lot of animosity existed in this hearing. The issues in this hearing were very similar to a previous due process hearing and appeal from 2004.2
III. ISSUE PRESENTED
Is the extended school year program offered by the Scranton City School District for the summer of 2007 appropriate for Student?
WW-Scranton-City-ODRNo-7621-06-07LS