Date of Birth
ODR File Number
February 21, 2006
Date of Hearing
Parties to Hearing Parents
Drew Christian, Esq. 801 Monroe Avenue Scranton, PA 18510
School District Contact
Director of Special Education North Pocono School District
School District Representative
Sharon Montanye, Esq.
Sweet, Stevens, Tucker & Katz 331 Butler Avenue
PO Box 5069
New Britain, PA 18901
Date Transcript Received: March 13, 2006
Date of Decision: March 21, 2006
Kenneth Rose Hearing Officer
The student is a [pre-teenaged] student residing in the North Pocono School District. He is identified as an eligible student with Autism Spectrum Disorder and in need of Speech/Language (S/L) therapy. The student started school in an autistic support program administered by the [local] Intermediate Unit (IU). For grade one he was in a regular education class with resource room support. For grade two he transitioned to his home school district. The parents have a history of concerns about the school district addressing socialization and behavioral needs of the student. Against the parents’ wishes, the student was redistricted to another elementary school for grade three. Due to behavioral issues early in grade three, the student was put in a very restrictive placement of a class composed of a teacher, an aide and the student. This the Hearing Officer refers to as a “two on one” setting. This class was in a music teacher’s office.
1. Did the student receive Free Appropriate Public Education (FAPE) for the 2004-2005 school year and from the beginning of the 2005-2006 school year to date? This includes the ESY program for the summer of 2005.
2. Is reimbursement due to the parents for the IEE that was done?