CC vs. Kutztown Area 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: C.C.

Date of Birth: [redacted]

Date of Hearing: 7/9/2015

CLOSED HEARING

ODR File No. 16178-14-15 KE

Parties to the Hearing:

Parents Parent[s]

Local Education Agency Kutztown Area School District 251 Long Lane
Kutztown, PA 19530

Representative:

Parent Attorney
Melissa Krishock, Esquire
Law Office of Melissa Krishock 519 Walnut Street, 3rd Floor Reading, PA 19601

LEA Attorney
Glenna Hazeltine, Esquire
King, Spry, Herman, Freund & Faul Suite 700
One West Broad Street
Bethlehem, PA 18018

Date Record Closed: July 14, 2015

Date of Decision: August 6, 2015

Hearing Officer: Cathy A. Skidmore, Esquire

 

INTRODUCTION AND PROCEDURAL HISTORY

The student (hereafter Student)1 is a high school-aged student in the Kutztown Area School District (District) who is eligible for special education pursuant to the Individuals with Disabilities Education Act (IDEA).2 Student’s Parents filed a due process complaint against the District asserting that it improperly imposed discipline upon Student in violation of the IDEA. At the hearing, the Parents also claimed that, after Student enrolled in a cyber-school program at their request because of the disciplinary action, the District denied Student the special education services that Student was provided prior to that change of placement.

The case proceeded to a due process hearing completed in a single session. The District’s Motion to Dismiss made at the beginning of the hearing was denied, and the parties presented evidence on the issues presented. For the reasons set forth below, I find in favor of the District and the Parents’ claims will therefore be denied.

 

ISSUES

  1. Whether the District improperly imposed disciplinary action against Student; and
  2. If it did improperly impose disciplinary action against Student, is Student entitled to compensatory education and/or other equitable remedies?

 

C-C-Kutztown-Area-ODRNo-16178-14-15-KE

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