CM vs. Williamsport 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.M.

Date of Birth: [redacted]

ODR No. 00782-0910 AS

CLOSED HEARING

Parties to the Hearing:

Parent[s]

Williamsport Area School District 201 West Third Street Williamsport, PA 17701-6409

Representative:

Drew Christian, Esquire 801 Monroe Avenue Scranton, PA 18510

Fred A. Holland, Esquire 442 William Street Williamsport, PA 17701

Date of Resolution Meeting May 3, 2010

Dates of Hearing: August 19, 2010, August 20, 2010

Record Closed: September 16, 2010

Date of Decision: October 1, 2010

Hearing Officer: William F. Culleton, Jr., Esquire

 

INTRODUCTION AND PROCEDURAL HISTORY

Student is an early teen-aged eligible resident of the Williamsport Area School District (District), presently in the eighth grade. (NT 7-10 to 21, 8-17, 13-24 to 14-10.) Student is identified with Autism under the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). (NT 8-14 to 17.)

Student’s Parent filed a Complaint Notice (complaint) requesting due process on March 4, 2010. Parent requests a finding that the District failed to provide a free appropriate public education (FAPE) to the Student during the period from March 4, 2008 until the first hearing session in this matter, August 19, 2010. Parent also requests that I order the District to provide compensatory education for failure to provide appropriate educational services with regard to the Student’s educational needs in mathematics, written expression, social skills, socially pragmatic language skills and behavioral control. The District asserts that it provided a FAPE at all relevant times.

The hearing was conducted and concluded in two sessions on August 19 and 20, 2010. Written summations were received on September 16, 2010, and the record closed on that day.

ISSUES

1. During the relevant period, March 4, 2008 to August 19, 2010, did the District fail to provide to Student a FAPE by failing to address Student’s individual educational needs with regard to mathematics, written expression, social skills, socially pragmatic language skills and behavioral control?

2. Should the hearing officer order the District to provide compensatory education to the Student for the relevant period?

3. Should the hearing officer order the District to provide an independent educational evaluation at public expense?

 

C-M-Williamsport-Area-ODRNo-00782-0910-AS

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