HT vs. Pittston Area School District

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

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