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Special Education Law
RULINGRIDE Case No. 0015-99

In the Matter of Katherine P.

June 29, 1999·Forrest L. Avila

0015-99

STATE OF RHODE ISLAND

AND

PROVIDENCE PLANTATIONS

COMMISSIONER OF EDUCATION

In the Matter of Katherine P.

INTERIM ORDER

The special education student in this case is arguing that in order to receive FAPE she must be provided with access to an English summer school program at no cost to the student and family, along with special education resource support to the regular education summer program. The student’s current IEP does not call for these services. The school district contends that extended school year services are not needed for the student and that the status quo placement is appropriate pending an underlying hearing to determine appropriate special education services.

The record before us is not clear or compelling enough to justify us in entering an interim order requiring the school district to provide extended school year services for this student without further factual inquiry. We therefore hereby appoint a Special Visitor to examine this case and report back within ten days on whether the student needs special education resource support in order to benefit from the regular education English summer school course and whether such services are a necessary element of a free appropriate public education. In the meantime, it is our understanding that the student can presently enroll in a regular education English summer school course at a cost of $80.00. If we determine that the summer school program is properly to be considered a part of this student’s special education, we will order a refund of this charge.

CONCLUSION

A Special Visitor is appointed to examine this matter. The visitor will report back within the next ten days.

Forrest L. Avila

Hearing Officer

APPROVED:

Peter McWalters

Commissioner

DATE: June 29, 1999