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Wednesday, September 9, 2009

Pendency in neighboring district

George A. v. Wallingford Swarthmore School Dist., 2009 WL 2837717, E.D.Pa.,2009: S resided in district A, but for many years had been placed at Strath Haven in district B. S’s 08-09 IEP placed him again in District B. In October of 2008, S was involved in an altercation and as a result, he was placed in an alternative school. The parent reluctantly agreed to this 45 day placement, but at all times thereafter sought his return to Strath Haven in District B. S’s 09-10 IEP recommended placement in a district A school. The parent filed a hearing request apparently against district B and asserted that pendency was Strath Haven. The Court agreed rejecting all district arguments including that district B was not the agency responsible for S’s education.