DP vs. North Pocono School District

Pennsylvania
Special Education Hearing Officer

DECISION

Student’s Name: D.P.

Date of Birth: [redacted]

ODR No. 3432-12-13-KE

CLOSED HEARING

Parties to the Hearing:

Parent

North Pocono School District 701 Church Street
Moscow, PA 18444

Representative:

Drew Christian, Esquire 801 Monroe Avenue Scranton, PA 18510

Anne E. Hendricks, Esquire Levin Legal Group
1301 Masons Mill Business Park 1800 Byberry Road

Huntingdon Valley, PA 19006

Dates of Hearing: December 13, 2012; December 14, 2012; January 4, 2013; February 4, 2013; February 25, 2013

Record Closed: March 26, 2013

Date of Decision: April 5, 2013

Hearing Officer: William F. Culleton, Jr., Esquire

 

INTRODUCTION AND PROCEDURAL HISTORY

The student named in the title page of this decision (Student) is a resident of the school district named in the title page of this decision (District), who attended a District elementary school at times during the period relevant to this matter. (NT 7-8.) The District has declined to identify Student as a child with a disability pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA), but has recognized that Student is a protected handicapped student and has provided Student with a service agreement pursuant to section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 (section 504) and chapter 15 of the

Pennsylvania Code. (NT 7-8; J 5, 16, 17, 18, 20, 23, 29, 33.)1
Parent named in the title page of this decision (Parent)2 requested due process alleging

that the District failed inappropriately to identify Student as a child in need of special education during the relevant time, and failed to provide Student with a free appropriate public education (FAPE) as required by the IDEA and section 504. Parent seeks compensatory education for the period from June 19, 2010 to December 13, 20123, an order declaring that Student is a child with a disability under the IDEA, and an order that the District provide Student with an appropriate IEP.

The hearing was completed in five sessions. The record closed upon receipt of written summations.

 

ISSUES

  1. Is Student a child with a disability as defined in the IDEA?
  2. Did the District fail inappropriately to identify Student as a child with a disability under the IDEA at any time from June 19, 2010 to December 13, 2012?
  3. Did the District fail to offer or provide Student with a FAPE from June 19, 2010 to December 13, 2012, to the extent required by the IDEA or section 504?
  4. Should the hearing officer order the District to identify Student as a child with a disability under the IDEA?
  5. Should the hearing officer order the District to provide compensatory education to Student for all or any part of the period from June 19, 2010 to December 13, 2012?
D-P-North-Pocono-ODRNo-3432-12-13-KE

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