IN THE PENNSYLVANIA OFFICE FOR DISPUTE RESOLUTION
FINAL DECISION AND ORDER
ODR File No. 2782-1112AS
Child’s Name: J.B.1
Date of Birth: [redacted]
May 8, July 19, and September 27, 2012
Parties to the Hearing
Minersville Area School District 1 Battlin Miner Drive Minersville, PA 17954
Gabriella Labella, Esquire
Koert Wehberg, Esquire
Disability Rights Network of Pennsylvania 1315 Walnut Street
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
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.
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