He performed well in kindergarten, meeting the expectations for nondisabled students. During the 2002-2003 school year, Billy was enrolled in the District's half-day kindergarten and was provided with an array of special education services. Backgroundīilly is a student with mild-range autism and speech-language impairment. Defendant's request to supplement the record will be granted in part. The Third Circuit has held that such after-acquired evidence may be considered with respect to the reasonableness of the school district's decision at the time the decision was made. The District principally opposes the admission of plaintiffs' regression analysis, but argues, alternatively, that if this court grants plaintiffs' motion, the District should also be allowed to supplement the record on this issue.īased on the parties' submissions, and the administrative record, plaintiffs' motion will be granted. In response, the defendant District filed a memorandum in opposition to plaintiffs' motion. Specifically, plaintiffs request permission to introduce a private expert evaluation of Billy's skills regression, which was conducted during the summer of 2004, after the administrative proceedings were completed. On January 10, 2005, plaintiffs filed a motion to introduce additional evidence. Plaintiffs, on September 27, 2004, then commenced this action. Billy was found ineligible for ESY services by a Pennsylvania Special Education Hearing Officer ("Hearing Officer"), and this determination was affirmed by a Pennsylvania Special Education Due Process Appeals Panel ("Appeals Panel"). In accord with Pennsylvania regulations, prior to plaintiffs' initiation of this action, Billy's eligibility for ESY services was reviewed by two levels of administrative officers. § 1400 et seq., where they are necessary to provide disabled students with a free and appropriate public education.
("Billy"), a minor child with learning disabilities, and his parents, Dennis and Lucy D., have brought suit against the defendant Manheim Township (Pa.) School District ("District"), seeking to establish that Billy was wrongfully denied Extended School Year ("ESY") services for the summer of 2004 and to recover monetary damages accordingly.ĮSY services are available under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C.
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