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?