Delaware Cnty. Intermediate Unit v. Jonathan S., et al. (Majority Opinion)

State: Pennsylvania

Court: Pennsylvania Eastern District Court

Docket No: 2670 C.D. 2001

Case Date: 10/29/2002

Plaintiff: Delaware Cnty. Intermediate Unit

Defendant: Jonathan S., et al. (Majority Opinion)

Preview:IN THE COMMONWEALTH COURT OF PENNSYLVANIA Delaware County Intermediate Unit, Petitioner : : : v. : : Jonathan S., by and through his parents, : Mr. and Mrs. Walter S., : Respondents : BEFORE:

No. 2670 C.D. 2001 Argued: June 12, 2002

HONORABLE BERNARD L. McGINLEY, Judge HONORABLE ROBERT SIMPSON, Judge HONORABLE CHARLES P. MIRARCHI, JR., Senior Judge

OPINION BY SENIOR JUDGE MIRARCHI

FILED: October 29, 2002

Delaware County Intermediate Unit (DCIU) appeals from an order of the Special Education Appeals Panel (Panel) which affirmed an order of a hearing officer. The hearing officer found that DCIU was financially responsible for the pre-school placement of an early intervention eligible student afflicted with cerebral palsy. The due process hearing convened before the hearing officer was requested by Jonathon S., by and through his parents, Mr. and Mrs. S. (collectively, Student). We reverse. Student is a pre-school aged child diagnosed with cerebral palsy and concomitant orthopedic disabilities. Prior to age three, Student received early intervention services under Part C of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.

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