CR vs. North Pocono School District

1This 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
ODR File Number 6511/05-06 LS

Name of Child: C.R.

Date of Birth: xx/xx/xx

Dates of Hearing:
July 7, 2006
July 17, 2006

CLOSED HEARING

Parties to the Hearing:

Carole Natitus-Jackell
Pupil services director
North Pocono School District 851 Church Street
Moscow, PA 18444

Representative:
Drew Christian, Esquire 801 Monroe Avenue Scranton, PA 18510

Anne Hendricks, Esquire
Levin Legal Group
1301 Masons Mill Business Park 1800 Byberry Road
Huntingdon Valley, PA 19006

Date Transcript Received: July 22, 2006
Date Record Closed: August 1, 2006
Date of Decision: August 9, 2006
Hearing Officer: Lynda A. Cook, Ed. D.

 

BACKGROUND

Student, whose date of birth is xx/xx/xx, resides with her family within the geographic boundaries of the North Pocono School District. She will be entering the fifth grade for the 2006-2007 school year. Student was diagnosed with learning disabilities in March 2006. Student brought this due process hearing alleging failures by the North Pocono School District (hereinafter, District) in providing her with an appropriate evaluation and program since the beginning of the 2004-2005 school year. Student also alleges that she is entitled to compensatory education and an Independent Educational Evaluation.

ISSUES

The parties agreed on the record to three issues for the hearing. (N.T. 4-5)

  1. Whether there is a Child Find obligation that was not met by the District from April 21, 2004 through April 6, 2006. If so, is Student entitled to an award of compensatory education?
  2. Whether there is a denial of FAPE in the IEP offered on April 6, 2006? If so, is Student entitled to an award of compensatory education?
  3. Whether the Student is entitled to an Independent Educational Evaluation at District expense?

 

C-R-North-Pocono-ODRNo-6511-05-06-LS

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