BS vs. Lakeland School District

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

Child’s Name: B.S.

Date of Birth: [redacted]

Dates of Hearing:
September 28, 2011
September 29, 2011

CLOSED HEARING

ODR File No. 2057-1011AS

Parties to the Hearing:

Parent[s]

Lakeland School District 1593 Lakeland Drive Jermyn, PA 18433

Representative:

Heather M. Hulse, Esquire McAndrews Law Offices, P.C. 400 Spruce Street, Suite 300 Scranton, PA 18503

Jane M. Williams, Esquire
Sweet, Stevens, Katz & Williams LLP 331 E. Butler Avenue
New Britain, PA 18901

Date Record Closed: October 19, 2011

Date of Decision: October 28, 2011

Hearing Officer: Cathy A. Skidmore, M.Ed., J.D.

INTRODUCTION AND PROCEDURAL HISTORY

Student1 was previously a student in, and has graduated from, the Lakeland School District (District). During the time period at issue, Student was eligible for special education pursuant to the Individuals with Disabilities Education Act (IDEA)2 by reason of a specific learning disability and other health impairment. Student’s Parents filed a due process complaint in June 2011 in which they claimed that the District denied Student a free, appropriate public education during the 2006-07, 2007-08, and 2008-09 school years under the IDEA, Section 504 of the Rehabilitation Act of 1973,3 and applicable state and federal regulations. The District sought, among other things, a limitation on the scope of the Parents’ claims.4

The matter proceeded to a due process hearing convening over two sessions at which the parties presented evidence in support of their respective positions. For the reasons which follow, I find in favor of the Parents.

ISSUES

  1. Whether the District denied Student a free, appropriate public education; and
  2. If it did not, is the Student entitled to compensatory education and, if so, for what time period, and in what form and amount?
B-S-Lakeland-ODRNo-2057-1011AS

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