EE vs. Mifflinburg Area School District

DECISION
COVER SHEET

This cover sheet contains personally identifiable information and should be removed before any dissemination of the decision to the public.

DUE PROCESS SPECIAL EDUCATION HEARING

FILE NUMBER: 14254/13-14KE

RESPONDENT/SCHOOL DISTRICT (LEA): Mifflinburg Area School District

SCHOOL DISTRICT COUNSEL: Christopher Conrad, Esquire

STUDENT: E.E. PARENT: [Parent]

COUNSEL FOR STUDENT/PARENT None

INITIATING PARTY: Parent

DATE OF DUE PROCESS COMPLAINT: August 29, 2013

DATE OF HEARING: January 27 and 28, 2014

PLACE OF HEARING: Mifflinburg Area School District

OPEN vs. CLOSED HEARING: Closed

STUDENT PRESENT: No

RECORD: Verbatim-Court Reporter

DECISION TYPE: Electronic

DUE DATE FOR DECISION: March 18, 2014

HEARING OFFICER: James Gerl, Certified Hearing Official

 

DECISION
DUE PROCESS HEARING

14254/13-14KE

PRELIMINARY MATTERS

The hearing officer entered a provisional dismissal of the above-referenced case on October 1, 2013 based upon reports from counsel that the matter had settled. The provisional dismissal Order had an escape clause providing that if the matter had not settled, the case could be reopened within sixty days. At the time of the October 1, 2013 Order, both parties were represented by counsel. Subsequently, the parent notified the hearing officer near the end of the 60-day period for which that she was no longer represented by counsel and that she wished to have the hearing reinstated. On December 9, 2013, the hearing officer entered an Order reinstating the due process hearing. Said Orders are incorporated herein by reference.

On December 6, 2013, a prehearing conference by telephone conference call was conducted for the above-referenced matter. As a result of said conference, a prehearing conference order was entered herein. Said Order is incorporated herein by reference.

Following the prehearing conference, counsel for the school district made an unopposed motion to extend the hearing officer’s decision deadline which was granted. The deadline for the hearing officer’s decision is March 18, 2014.

Prior to the hearing, the parties were ordered to file a joint prehearing memorandum. The parties failed to file such a joint prehearing memorandum. Both parties were at fault in not filing the prehearing memorandum.

Subsequent to the hearing, the parties were ordered to file written briefs and proposed findings of fact. The school district did file a written brief and proposed finding of fact. The parent did not file a written brief or proposed findings of fact. The parent has been proceeding pro se since the matter was reinstated as noted above.

All proposed findings, conclusions and supporting arguments submitted by the parties have been considered. To the extent that the proposed findings, conclusions and arguments advanced by the parties are in accordance with the findings, conclusions and views stated herein, they have been accepted, and to the extent that they are inconsistent therewith, they have been rejected. Certain proposed findings and conclusions have been omitted as not relevant or as not necessary to a proper determination of the material issues as presented. To the extent that the testimony of various witnesses is not in accord with the findings as stated herein, it is not credited.

Personally identifiable information, including the names of parties and similar information is provided on the cover sheet hereto which should be removed prior to distribution of this decision to the public. FERPA, 20 U.S.C. § 1232(g) and IDEA § 617(c).

ISSUES PRESENTED

The issues presented in this due process hearing, as identified by the parties in the prehearing conference and as clarified by the hearing officer, are as follows:

1. Did the school district violate its child find obligations under IDEA and Section 504 of the Rehabilitation Act?

2. Did the school district’s February 8, 2013 IEP deny FAPE to the student?

3. Did Respondent discriminate against the student in violation of Section 504 of the Rehabilitation Act?

E-E-Mifflinburg-Area-ODRNo-14254-13-14KE

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.