CR vs. Bethlehem 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.

Special Education Hearing Officer


Child’s Name: C. R.

Date of Birth: [redacted]

Date of Hearing: December 9, 2010


ODR No. 01669-1011JS

Parties to the Hearing:


Ms. Claire Hogan
Elementary Supervisor of Special Education
Bethlehem Area School District 1516 Sycamore Street Bethlehem, PA 18020


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

Lucas J. Repka, Esquire
King, Spry, Herman, Freund & Faul, LLC
One West Broad Street Suite 700 Bethlehem, PA 18018

Date Record Closed: December 30, 2010

Date of Decision: January 13, 2011

Hearing Officer: Cathy A. Skidmore, M.Ed., J.D.



Student1 is an eligible student in the Bethlehem Area School District (hereafter District) who has been identified as eligible for special education by reason of a specific learning disability in reading. Student’s Parents requested a due process hearing pursuant to the Individuals with Disabilities Education Act (IDEA)2 based upon their disagreement with the reading program provided to Student.

A hearing convened over one session at which the parties stipulated to a number of facts and also presented evidence in support of their respective positions. For the following reasons, I find in favor of the Parents.



Whether the reading program provided by the District to Student is appropriate; and,

If not, whether the Student is entitled to compensatory education.



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