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.

Special Education Hearing Officer


Child’s Name: CC

Date of Birth: xx/xx/xxxx

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


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


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


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.


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


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?


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