DG vs. Council Rock School District

PENNSYLVANIA

SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: DG

ODR #6810/06-07 KE

Date of Birth: Xx/xx/xx

Dates of Hearing:

October 18, 2006,
January 5, January 8, January 9, February 23, March 5, March 6, March 20, April 10 and June 11, 2007

CLOSED HEARING

Parties to the Hearing: Mr. and Mrs.

Council Rock School District 30 N. Chancellor Street Newtown, Pennsylvania 18901

Representative:
Frederick Stanczak, Esquire
179 N. Broad Street
Doylestown, Pennsylvania 18901

Grace Deon, Esquire Eastburn and Gray
60 East Court Street Doylestown, PA 18901

Date Record Closed: August 15, 2007

Date of Decision: August 29, 2007

Hearing Officer: Linda M. Valentini, Psy.D.

 

Background

Student is a xx year old male who was formerly enrolled in the Council Rock School District (hereinafter District). He was found to have a specific learning disability in reading and written expression and to be eligible for special education at the end of 1st grade and continued to be eligible throughout his school career. Although Student completed all credits necessary for graduation in the Commonwealth, satisfied District requirements for graduation including completing a senior project, and participated in the graduation ceremony with his class in June 2004, he did not return to the school to retrieve his diploma. Mr. and Mrs. (hereinafter Parents) maintained that Student had not graduated since he had not picked up his diploma, and filed for a due process hearing in November 2004, asserting that Student was denied a free, appropriate public education (FAPE) in the areas of reading, written expression and transition planning and that he therefore is entitled to compensatory education during all the times he was an eligible student. The District maintains that Student graduated in June 2004, and that at all times Student was provided with FAPE. Additionally, the District maintains that the transition services it offered Student during the parties’ efforts to settle the matter were appropriate and satisfied any further obligations the Parents assert remained.

 

Issues

  1. Did the Council Rock School District fail to provide Student with FAPE at the time he was an eligible student within the scope of the parameters established by the hearing officer?
  2. If the Council Rock School District denied Student FAPE during any relevant period, what type and amount of compensatory education is owed?
DG-Council-Rock-ODRNo-6810-06-07-KE

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