CC vs. Sullivan County 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: CC

Date of Birth: xx/xx/xxxx

Dates of Hearing:
June 23, June 26 & September 3, 2009
March 22, 2010

CLOSED HEARING

ODR Case # 9849-08-09-LS

Parties to the Hearing:

Sullivan County School District 101 East Main Street
Dushore, PA 18614

Date of Decision: May 4, 2010

Representative:

Judith Gran, Esq. Reisman Carolla Gran 19 Chestnut Street Haddonfield, NJ 08033

Jennifer Donaldson, Esq. Jane Williams, Esq. Sweet, Stevens, et. al. P.O. Box 5069

331 Butler Avenue New Britain, PA 18901

Hearing Officer: Jake McElligott, Esquire

NTRODUCTION AND PROCEDURAL HISTORY

Student is a 13-year old student residing in the Sullivan County School District (“District”) who has been identified as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1. The student has been identified as a student with mental retardation. Parent claims the student has been denied a free appropriate public education (“FAPE”) since the student’s enrollment in the District in the fall of 2006. The District counters that it has provided FAPE to the student at all times.

For the reasons set forth below, I find in favor of the parent and student.

STIPULATION

The parties have stipulated that any compensatory education award will be limited to a period after March 21, 2009.

ISSUE

1. Has the student been denied a FAPE by the District?

2. If so, is compensatory education owed by the District and in what amount?

CC-Sullivan-County-ODRNo-9849-08-09-LS

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.