PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
DECISION
DUE PROCESS HEARING
Name of Child: Z.G.
ODR #16572/15-16 KE
Date of Birth: [redacted]
Dates of Hearing: September 22, 2015 October 30, 2015 November 11, 2015
OPEN HEARING
Parties to the Hearing: Parent[s]
York City School District 31 N. Pershing Avenue York, PA 17401
Representative:
Sean Summers, Esquire 35 South Duke Street York, PA 17401
Brooke Say, Esquire
Stock and Leader
Susquehanna Commerce Center East 221 W. Philadelphia Street
York, PA 17401
Date Record Closed: December 1, 2015
Date of Decision: December 2, 2015
Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official
Background
Student1 is a pre-teen aged 7th grade District resident who is eligible for special education pursuant to the Individuals with Disabilities Education Act (IDEA) and Pennsylvania Chapter 14 under the classifications of emotional disturbance and specific learning disability. As such, Student is also a qualified handicapped person / protected handicapped student under §504 of the Rehabilitation Act of 1973 (29 U.S.C. §794), and Chapter 15 of the Pennsylvania Code.
Pursuant to a previous settlement agreement, during 6th grade (2014-2015 school year) Student attended a private school (Private School) for children with behavior difficulties. For the 2015- 2016 school year the District sought to have Student return to a District placement (Proposed Placement); however, the Parents2 opposed this move because they are pleased with the Private School. The Parents asked for this hearing because they do not want Student to leave the Private School which has remained Student’s pendent placement through the due process proceedings as per this hearing officer’s Order issued prior to the start of the current school year.
For reasons detailed below I find in favor of the District.
Issues3
- Is the placement the District has offered Student for the 2015-2016 school year appropriate?
- Did the District err in denying the Parent’s request to tape an IEP meeting?
- Did the District err in denying the Parent’s request to fund an IEE?