GD vs. Warren County School District

Pennsylvania
Special Education Hearing Officer


DECISION

Child’s Name: G.D.

Date of Birth: [redacted]

Dates of Hearing:

April 1, 2015 April 13, 2015 April 15, 2015

CLOSED HEARING

ODR Case # 15910-1415KE

Parties to the Hearing: Parent[s]

Warren County School District 6820 Market Street
Russell, PA 16345

Representative:

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

INTRODUCTION

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.

ISSUES

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)?

If not,
is compensatory education owed to the parents/student?

G-D-Warren-County-ODRNo-15910-1415KE

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