Special Education Hearing Officer
FINAL DECISION AND ORDER
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.
- Was the Student denied FAPE during the 2013-14, 2014-15 and 2015-16 school years?
- Must the Student’s IEP be modified in accordance with private evaluations in order to ensure the Student receives a FAPE?