PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
5823/05-06 AS File Number
H. T. Child’s Name
Xx/xx/xx
Date of Birth
10/28/05
Date of Hearing
Closed
Type of Hearing
For the Student:
Parent
Sarah Davis, Esq. McAndrews Law Office 30 Cassatt Avenue Berwyn, PA 19312
For the Pittston Area School District:
Margaret Boyt
Director of Special Education Pittston Area School District 5 Stout Street
Pittston, PA 18640-3391
Sharon W. Montanye, Esq. Sweet, Stevens, Tucker & Katz 331 Butler Avenue
P.O. Box 5069
New Britain, PA 18901-5069
Date of Hearing: October 28, 2005
Receipt of Transcript: November 2, 2005
Date of Decision: November 17, 2005
Hearing Officer: Daniel J. Myers
BACKGROUND
Student is a [teenaged] old resident of the Pittston Area School District (School District) with attention deficit hyperactivity disorder (ADHD) and specific learning disabilities in the areas of basic reading and written expression. (N.T. 24) Although the parties expect to be able to program appropriately for Student’s current school year, they disagree over whether or not the School District has appropriately programmed for Student’s needs over the last five school years. For the reasons described below, I find that Student has been denied a free and appropriate public education (FAPE) since September 2000, but I further find that she is limited to compensatory education services since September 1, 2004.
ISSUE
Whether or not the Student has been denied a free and appropriate public education (FAPE) since September 2000?
H-T-Pittston-Area-ODRNo-5823-05-06-AS