GD vs. Pocono Mountain School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER DECISION AND ORDER

File Number: 6951/06-07 KE

Child’s Name: GD

Date of Birth: August 23, 1991

School District: Pocono Mountain

For the Student:

For the Pocono Mountain School District:

Betsy Guftason
Director of Special Education Pocono Mountain School District P.O. Box 200
Swiftwater, PA 18370

Brian J. Ford, Esq.
King, Spry, Herman, Freund & Faul, One West Broad Street, Suite 700 Bethlehem, PA 18018

Date of Hearing Request: August 31, 2006

Date of Hearing: October 24, 2006

Type of Hearing: Closed

Date of Receipt of Transcript: October 31, 2006

Date of Decision: November 14, 2006

Hearing Officer: Daniel J. Myers

BACKGROUND

Student is a xx year old, 9th grade student of the Pocono Mountain School District (School District) with a specific learning disability. He contends that the School District’s August 29, 2006 proposed individualized education program (IEP) does not accurately reflect Student’s present education levels, does not contain realistic educational goals, and is not appropriate. He also contends that the School District has not appropriately complied with its pendency obligations during the pendency of this due process hearing. Finally, he contends that he was denied FAPE during his 7th grade, 2004-2005 school year, because his instructor lacked sufficient competence and because portions of his IEP were not implemented.

For the reasons described below, I conclude that the School District’s proposed IEP is appropriate and that the School District has appropriately complied with its pendency obligations. I conclude that Student was denied FAPE during his 7th grade, 2004-2005 school year, because he did not receive effective instruction, but I conclude that Student did not establish that other portions of his IEP were not implemented. Finally, I conclude that the School District has already compensated for its 7th grade FAPE denial and, accordingly, I do not award compensatory education.

ISSUES

  1. Whether the School District’s proposed educational program and placement for 2006-2007 is appropriate?
  2. Whether the School District has been implementing Student’s pendent program and placement appropriately?
  3. Whether the School District provided a free and appropriate public education to Student during 2004-2005?
GD-Pocono-Mountain-ODRNo-6951-06-07-KE

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