JC vs. Carbondale Area School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: J.C.

Date of Birth: [redacted]

Dates of Hearing:

February 28, 2012 April 19, 2012

CLOSED HEARING

ODR Case # 2470-1112KE

Parties to the Hearing: Parents

Carbondale Area School District Administration Building
103 Brooklyn Street Carbondale, PA 18407

Representative:

Drew Christian, Esquire 801 Monroe Avenue Scranton, PA 18510

Lucas Repka, Esquire King Spry
One West Broad Street Suite 700

Bethlehem, PA 18018

Date Record Closed: May 14, 2012

Date of Decision: June 5, 2012

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

Student is a [late teen-aged] student residing in the Carbondale Area School District (“District”) who has been identified as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”) and Pennsylvania special education regulations (“Chapter 14”).1 Specifically, the student has been identified as a student with an emotional disturbance and specific learning disabilities in reading, mathematics and written expression.

Parents assert that the student was denied a free appropriate public education (“FAPE”) due to alleged acts and omissions in the 2009- 2010 school year and in the 2010-2011 school year through May 25, 2011. The District counters that, at all times, it has provided, or stood ready to provide, FAPE to the student.

For the reasons set forth below, I find in favor of parents.

ISSUES

Did the District provide a FAPE to the student
in the 2009-2010 school year
and the 2010-2011 school year through May 25, 2011?

If not, is the student entitled to compensatory education?

J-C-Carbondale-Area-ODRNo-2470-1112KE

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