BC vs. Pocono Mountain School District

This is a redacted version of the original hearing officer decision. Select details may have been
removed from the decision to preserve anonymity of the student. The redactions do not affect the
substance of the document.

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION

DUE PROCESS HEARING

Name of Child: BC
ODR #7361/06-07 KE

Date of Birth: xx/xx/xx

Date of Hearing:
March 26, 2007

CLOSED HEARING

Parties to the Hearing:

Pocono Mountain School District P.O. Box 200
Swiftwater, Pennsylvania 18370

Representative:

Pro Se

Brian Ford, Esquire
KingSpry
One West Broad Street. Suite 700 Bethlehem, Pennsylvania 18018

Date Transcript Received: March 31, 2007

Date of Decision: April 12, 2007

Hearing Officer: Linda M. Valentini, Psy.D.

Background

Student is a xx-year-old eligible student enrolled in the Pocono Mountain School District (hereinafter District). He is classified as a student with an emotional disturbance. Two previous hearings under other hearing officers resulted in Student’s being awarded compensatory education.

An interim decision dated March 26, 2007 addressed a time-sensitive discrete issue brought by the District (use of the compensatory education fund for a youth convention). That issue was presented along with a number of other issues listed below in this due process hearing requested by Student’s mother (hereinafter Parent). On the morning of the hearing both the District and the Parent asked that another issue be addressed (use of the compensatory education fund for camp); this was permitted in the interest of economy of resources.

Issues1

  1. Did the District fail to provide a copy of Student’s IEP to his Parent?
  2. Did the District inappropriately reject programming requested by the Parent?
  3. Did the District fail to follow Student’s IEP?
  4. Did the District exceed the legally defined number of suspensions for Student?
  5. Did the District inappropriately change Student’s placement by referring him to an alternative setting?
  6. Did the District violate the previous compensatory education order(s) by refusing to provide $300 for the Parent to donate to a Christian ministry that has been working with Student?
  7. Did the District violate the previous compensatory education order(s) by refusing to pay for a drum set for Student?
  8. Did the District violate the previous compensatory education order(s) by refusing to pay for Student’s attendance at a camp that is sponsored by a Christian organization?
  9. In order to be in compliance with a previous hearing officer’s order, must the District initiate a due process hearing request whenever it believes that compensatory education services requested are not appropriate?
BC-Pocono-Mountain-ODRNo-7361-06-07-KE

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