EM vs. Keystone Central School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

5797/05-06 AS& 5807/05-06

File Number

E. M.

Child’s Name

Xx/xx/xx

Date of Birth

10/07/05

Dates of Hearing

Open Type of Hearing

For the Student:

Parent

For the Keystone Central School District:

Ms. Judith Petruzzi
Special Education Director Keystone Central School District 64 Keystone Central Drive Mill Hall, PA 17751

Karl A. Romberger, Jr., Esq.
Fox, Rothschild, O’Brien & Frankel 1250 South Broad Street, Suite 1000 Lansdale, PA 19446-0431

Date of Hearing: October 7, 2005

Receipt of Transcript: October 12, 2005

Date of Decision: October 27, 2005

Hearing Officer: Daniel J. Myers

BACKGROUND

Student is a xx year old student of the Keystone Central School District (School District) who has been identified in the past as a child with attention deficit hyperactivity disorder, inattentive type (ADHD-Inattentive), and with a specific learning disability in the areas of reading and written expression. When her parent requested an IEP meeting to develop an IEP for Student, the School District requested parental permission to evaluate Student for the purpose of updating an earlier evaluation report. Student’s parent requested a due process hearing seeking, among other things, “that the needed determination and provision of special education and related services for [Student] … move forward.” For the reasons described below, I find that it is the Student’s parent, not the School District, who has prevented Student from receiving special education and related services, and I therefore deny the relief requested by Student’s parent.

ISSUES

  1. Whether or not the School District denied Student a free and appropriate public education (FAPE) during any portion of the 2003-2004 school year that has not already been adjudicated?
  2. Whether or not the School District denied Student FAPE during the 2004-2005 school year?
  3. Whether or not Section 614(a)(1)(D)(ii)(III) of the IDEIA, 118 STAT. 2703, serves to absolve the School District of its obligations to provide Student with FAPE during any portion of either the 2003-2004 or 2004-2005 school years?
E-M-Keystone-Central-5797-05-06-AS-and-5807-05-06

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