DM vs. Western Wayne School District

PENNSYLVANIA
Special Education Hearing Officer

Child’s Name: DM
Date of Birth: xx/xx/xx
File Number: 7487-06-07 KE
Dates of Hearing: May 22, 2007; May 23, 2007; June 1, 2007

CLOSED HEARING

Parties to the Hearing:

Mr. and Mrs.

Western Wayne School District P.O. Box 500
South Canaan, PA 18459-0158

Representative:

Drew Christian, Esq.
801 Monroe Avenue Scranton, PA 18510

Angela Januski, Esq.
Marshall, Dennehey, Warner 401 Adams Avenue, Suite 400 Scranton, PA 18510

Date Transcript Received:

June 8, 2007

Date of Decision:1

June 20, 2007

Hearing Officer Name:

Gregory J. Smith

 

Background

Student is an xx-year-old twelfth-grade student who attends school in the Western Wayne School District (District). Student is eligible for special education and related services as a child with a disability who has been identified as having autism. Student’s parents requested the present hearing because they believed that the District had not provided a free appropriate public education (FAPE) to Student for at least two years prior to their request for the hearing. They sought compensatory education for the District’s alleged failure to provide FAPE. They also sought an order requiring the District to fund an independent educational evaluation assessing transition, an independent functional behavioral assessment, and an IEP facilitator to assist the IEP team in considering the independent evaluations and in developing an IEP. Lastly, Student’s parents sought an answer to the question of whether or not the District may graduate Student from special education if he has completed all of his IEP goals.

 

Issues

Did the Western Wayne School District provide a free appropriate public education to Student during the period from March 17, 2005 to the present?

Must the Western Wayne School District provide Student with compensatory education?

Must the Western Wayne School District pay for an independent educational evaluation addressing transition services?

Must the Western Wayne School District develop a transition plan for Student?
Must the Western Wayne School District pay for an independent functional behavioral assessment?

Must the Western Wayne School District provide an independent IEP facilitator to assist the IEP team in considering the independent evaluations and in developing an IEP that addresses Student’s academic, social, and transition needs?

May the Western Wayne School District graduate Student from special education if he has completed his IEP goals?

DM-Western-Wayne-ODRNo-7487-06-07-KE

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