DS vs. School District of Harrisburg


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



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.



  • 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?

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