CN vs. Wilson 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

DUE PROCESS HEARING

Name of Child: C.N.
ODR #3317/11-12-AS

Date of Birth: [redacted]

Dates of Hearing:
September 18, 2012
December 17, 2012

CLOSED HEARING

Parties to the Hearing:

Parents

Wilson Area School District 2040 Washington Boulevard Easton, PA 18042

Representative:
Angela Uliana-Murphy, Esquire 106 N. Franklin Street Suite 2 Pen Argyl, PA 18072

John Comegno II, Esquire Comegno Law Group
521 Pleasant Valley Avenue Moorestown, NJ 18057

Date Record Closed: January 10, 2013

Date of Decision: January 19, 2013

Hearing Officer: Linda M. Valentini, Psy.D., CHO
Certified Hearing Official

Background

Student1 is a resident of the Wilson Area School District [District] who is eligible for special education pursuant to the Individuals with Disabilities Education Act [IDEA] under the primary classification of emotional disturbance with a secondary classification of specific learning disability, and a protected handicapped individual under Section 504 of the Rehabilitation Act of 1973 [Section 504], as well as the federal and state regulations implementing those statutes.

The current matter addresses the Parents’2 assertion that during the 2011-2012 school year the District denied Student a free appropriate public education [FAPE] in the least restrictive environment through placement in emotional support programming. They are seeking compensatory education for that year.

Although only the 2011-2012 school year is at issue, previous school years are referenced in some detail in this decision to provide an essential understanding of the extent of Student’s emotional disturbance and behavioral presentation for which the District needed to program.

Issue

Did the District offer Student an appropriate program/placement for the 2011-2012 school year?

C-N-Wilson-Area-ODRNo-3317-11-12-AS

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