GM vs. Carbondale Area School District

Special Education Hearing Officer


Student’s Name: G.M.

Date of Birth: [redacted]

ODR No. 16767-1516KE


Parties to the Hearing: Parent[s]

Carbondale Area School District 101 Brooklyn Street Carbondale, PA 18407


Angela Uliana-Murphy, Esq. 106 N. Franklin St., Suite 2 P.O. Box 97
Pen Argyl, PA 18072

William J. McPartland, Esq. P.O. Box 3118
Scranton, PA 18505

Dates of Hearing: 12/11/2015, 02/02/2016, 02/24/2016, 03/15/2016

Record Closed: 03/31/2016

Date of Decision: 04/14/2016

Hearing Officer: Brian Jason Ford, JD, CHO


This special education due process hearing was requested by the Guardian1, against the Carbondale Area School District (District), raising claims on behalf of the Student, arising under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. Specifically, the Guardian asserts that the District denied the Student a free appropriate public education (FAPE) during the 2013-14 school year through the present by failing to provide appropriate special education services through individualized education programs (IEPs). The Guardian also asserts that the District denied the Student FAPE by not implementing the Student’s IEPs, regardless of their defects. The Guardian demands compensatory education to remedy that denial, as well as modifications to the Student’s IEP in accordance with recommendations from private evaluators.


  1. Was the Student denied FAPE during the 2013-14, 2014-15 and 2015-16 school years?
  2. Must the Student’s IEP be modified in accordance with private evaluations in order to ensure the Student receives a FAPE?

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