IN THE PENNSYLVANIA OFFICE FOR DISPUTE RESOLUTION
FINAL DECISION AND ORDER
ODR File No. 2782-1112AS
CLOSED HEARING
Child’s Name: J.B.1
Date of Birth: [redacted]
Hearing Date(s):
May 8, July 19, and September 27, 2012
Parties to the Hearing
Parent
Minersville Area School District 1 Battlin Miner Drive Minersville, PA 17954
Representative
Gabriella Labella, Esquire
Koert Wehberg, Esquire
Disability Rights Network of Pennsylvania 1315 Walnut Street
Suite 500
Philadelphia, PA 19107
Jeffrey F. Champagne, Esquire McNees Wallace & Nurick, LLC 100 Pine Street
PO Box 1166
Harrisburg, PA 17108-1166
Record Closed: November 2, 2012
Date of Decision: November 25, 2012
Hearing Officer: Brian Jason Ford
Introduction
This matter arises under the Individuals with Disabilities Education Act, as amended, 20 U.S.C. § 1400 et seq. (IDEA) and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. (Section 504). This is the second part of a bifurcated hearing.
The Student, through the Parent, alleges that the District deprived the Student of a free appropriate public education (FAPE), and demands compensatory education as a remedy. More specifically, the Parent claims that the Student was denied a FAPE through the implementation of an inappropriate individualized education program (IEP) between the start of the 2010-11 school year and December of 2010. The Parent also claims that the District denied the Student a FAPE when it inappropriately issued a diploma to the Student, precluding the Student from receiving an education at all.
Issues
1. Did the District deny the Student a FAPE from September of 2010 through December of 2010 and, if so, what remedy is owed?
2. Did the District deny the Student a FAPE from June 10, 2011 through February 20, 2012 and, if so, what remedy is owed?
J-B-Minersville-Area-ODRNo-2782-1112AS