BC vs. School District Pocono Mountain

This is a redacted version of the original decision. Select details 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

ODR No. 01449-1011KE

Child’s Name: B.C.

Date of Birth: [redacted]

Date of Hearing: 10/4/10

CLOSED HEARING

Parties to the Hearing:

Parents Parent[s]

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

Representative:

Parent Attorney None

School District Attorney Rebecca A. Young, Esq.
King, Spry, LLC
1 West Broad Street, Suite 700, Bethlehem PA 18018

Date Record Closed: October 9, 2010

Date of Decision: October 24, 2010

Hearing Officer: Anne L. Carroll, Esq.

 

INTRODUCTION AND PROCEDURAL HISTORY

The due process complaint and hearing in this case concerned the proper use of compensatory education awarded a number of years ago to [name redacted] (Student), a 2010 graduate of Pocono Mountain School District. In August 2010, Parent demanded reimbursement for college expenses incurred by Student, including textbooks, and for the purchase price of a car Student intends to use as transportation to college. After refusing Parent’s payment requests, the District filed a due process complaint in accordance with the portion of a March 2004 order issued by a different hearing officer that provided directions for resolving disputes between the parties over use of the compensatory education awarded to Student in due process hearing decisions issued in 2003 and 2004.

During the due process hearing in this case, the District also requested to be released from the obligations imposed by ¶4 of the March 29, 2004 order requiring the District to immediately remit payment for all of Parent’s properly documented requests for expenditures from the monetary value of the compensatory education award, and then initiate a due process hearing if the District contends that the equipment and/or services selected by Parents constituted an invalid use of compensatory education.

The hearing in this case was conducted in a single session on October 4, 2010, with only the District participating. Parent did not call or otherwise communicate with the hearing officer, the Office for Dispute Resolution (ODR) or the School District at any time after the hearing date was scheduled, including the day of the hearing, to indicate that she could not attend, or to request a continuance or a change in the start time of the hearing.

Based upon the evidence placed in the record at the hearing, the changed circumstances occasioned by the Student’s graduation from high school in June 2010, and for the reasons explained below, the District’s requested relief will be granted in all respects but one.

ISSUE

Is the School District required to reimburse [Student] and/or [Student’s] Mother for college textbooks and/or other ordinary college expenses, and/or a car, from the remaining monetary value of compensatory education awarded by due process hearing decisions issued in 2003 and 2004?

B-C-Pocono-Mountain-ODRNo-01449-1011KE

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