Special Education Hearing Officer
Child’s Name: G.D.
Date of Birth: [redacted]
Dates of Hearing:
April 1, 2015 April 13, 2015 April 15, 2015
ODR Case # 15910-1415KE
Parties to the Hearing: Parent[s]
Warren County School District 6820 Market Street
Russell, PA 16345
Christopher Elnicki, Esquire 428 Forbes Avenue / Suite 700 Pittsburgh, PA 15219
Thomas Lent, Esquire
717 State Street / Suite 701 Erie, PA 16501
Date Record Closed: May 4, 2015
Date of Decision: May 22, 2015
Hearing Officer: Jake McElligott, Esquire
Student1 is a late teen-aged student who resides in the Warren County School District (“District”). The parties do not dispute that the student qualifies as a student with a disability under the terms of the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEA”) and Pennsylvania special education regulations (“Chapter 14”) as a student with autism and visual impairment.2 However, the parties dispute the appropriateness of the District’s programming for the student over the 2012-2013, 2013-2014, and 2014-2015 school years. Parents claim that the student was denied a free appropriate public education (“FAPE”) and seek compensatory education as a remedy.
The District counters that, at all times, it met its obligations to the student under IDEA/Chapter 14. Consequently, the District claims that no remedy is owed.
For the reasons set forth below, I find in favor of the parents and student.
Did the District provide FAPE to the student under its IDEA obligations in the 2012-2013, 2013-2014, and/or 2014-2015 school year(s)?
is compensatory education owed to the parents/student?