DS vs. School District of Harrisburg

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

ODR File No.: 7852/06-07 AS

Student: D.S.

School District: Harrisburg

Type of Hearing: Open

For the Student:

For the School District:

Shawn Lochinger, Esq. Rhoads and Sinon
One South Market Square P.O. Box 1146
Harrisburg, PA 17108-1146

Keith Imboden
Director of Special Education School District of Harrisburg 2101 North Front Street Harrisburg, PA 17110-4134

Hearing Date: September 5, 2007

Date of Receipt of Transcript: September 10, 2007

Decision Date: September 24, 2007

Hearing Officer: Daniel J. Myers

 

BACKGROUND

Student is a xx year old resident and former student of the School District who has already obtained a compensatory education award due to the School District’s failure to provide a free appropriate public education to Student during the 2004-2005 and 2005-2006 school years. Student now seeks additional compensatory education services for the same time period, based upon after-acquired evaluation reports and procedural failures that allegedly were not considered by either the previous hearing officer or appeals panel. For the reasons described below, I agree with the School District that Student’s claim for additional compensatory education is barred by the doctrine of res judicata.

 

ISSUES

  • Is Student’s claim for additional compensatory education barred?
  • If Student’s claim for additional compensatory education is not barred, isStudent entitled to additional compensatory education?
D-S-Harrisburg-ODRNo-7852-06-07-AS

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.