AK vs. Wilson Area School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: A.K.

Date of Birth: [redacted]

ODR No. 18436-16-17-AS

CLOSED HEARING

Parties to the Hearing: Parent[s]

Wilson Area School District 2040 Washington Boulevard Easton, PA 18042-3890

Representative:

Michael J. Connolly, Esquire McAndrews Law Offices, PC 30 Cassatt Avenue
Berwyn, PA 19312

Anne Myers, Esquire
Comegno Law Group, PC
521 Pleasant Valley Avenue Moorestown, New Jersey 08057

Dates of Hearing: December 16, 2016; January 25, 2017; March 13, 2017; April 25, 2017

Date of Decision: May 31, 2017

Hearing Officer: William F. Culleton, Jr., Esq., CHO

INTRODUCTION AND PROCEDURAL HISTORY

The child named in this matter (Student)1 is enrolled currently in a high school within the District named in this matter (District). (NT 6-7; P 11 p. 12.) The District has classified Student under the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA) as a child with the disabilities of Specific Learning Disability and Other Health Impairment. (NT 6-7.)

Parents assert that the District failed to offer Student a free appropriate public education (FAPE) during a relevant period beginning on the first day of school in the 2013-2014 school year and ending on the date of this decision2. This period covers Student’s sixth through ninth grades. Parents assert Student’s right to a FAPE pursuant to the IDEA, section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 (section 504), and the respective implementing regulations. Parents request an order that the District provide Student with compensatory education for the relevant period, and an order that the District provide Student with appropriate educational services going forward. The District asserts that it has offered and provided a FAPE at all relevant times.

The hearing was completed in four sessions. I have determined the credibility of all witnesses and I have considered and weighed all of the evidence of record. I conclude that the District has failed to offer and provide a FAPE to Student during part of the relevant period.

ISSUES

  1. During the relevant period of time from the first day of school in the 2013/2014 school year until the date of this decision, did the District provide Student with appropriately comprehensive evaluations that identified3 all of Student’s educational needs?
  2. During the relevant period of time, did the District offer and provide a FAPE to Student in compliance with the IDEA and section 504?
  3. Should the hearing officer order the District to provide Student with compensatory education on account of all or any part of the relevant period?
  4. Should the hearing officer order the District to provide Student with educational services for the remainder of Student’s current school year or for Student’s next school year, the 2017-2018 school year?
A-K-Wilson-Area-ODRNo-18436-16-17-AS

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