JB vs. Minersville Area School District

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

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