KA vs. Northampton Area School District

Pennsylvania
Special Education Hearing Officer

DECISION

Student’s Name: K.A.

Date of Birth: [redacted]

ODR No. 2705-11-12-KE

CLOSED HEARING

Parties to the Hearing: Parent

Northampton Area School District 2014 Laubach Avenue Northampton, PA 18067

Representative:

Angela Uliana-Murphy, Esquire 106 North Franklin Street, Suite 2 P.O. Box 97
Pen Argyl, PA 18072

Glenna M. Hazeltine, Esquire
King, Spry, Herman, Freund & Faul One West Broad Street, Suite 700 Bethlehem, PA 18018

Dates of Hearing: March 23, 2012; June 6, 2012; June 8, 2012; July 18, 2012; July 26, 2012; September 4, 2012; September 7, 2012; September 10, 2012

Record Closed: September 14, 2012

Date of Decision: September 23, 2012

Hearing Officer: William F. Culleton, Jr., Esquire

INTRODUCTION AND PROCEDURAL HISTORY

The student named in the title page of this decision (Student) is an eligible resident of the school district named in the title page of this decision (District). Student presently attends a District high school, and is identified with Other Health Impairment and Specific Learning Disability pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). (NT 15-16.)

The Student’s Parent, identified in the title page of this decision, requested due process under the IDEA, alleging that the District failed to provide a free appropriate public education (FAPE) and requesting both compensatory education and an order for prospective relief for the 2012-2013 school year. The District asserts that it has provided appropriate services, but that its efforts have been hampered by Parent’s failure to cooperate in various respects.

The hearing was completed in eight sessions. I conclude that the District offered and provided a FAPE to student and that there is no basis for awarding compensatory or prospective relief.

ISSUES

  1. Did the District fail to offer and provide Student with a FAPE from January 12, 2010 to the date of the last hearing session in this matter, September 10, 2012?
  2. Should the hearing officer order the District to provide compensatory education to Student for all or any part of the period from January 12, 2010 to September 10, 2012?
  3. Should the hearing officer order the District to provide a comprehensive transition assessment and plan, a functional behavioral assessment (FBA) and positive behavior support plan (PBSP), an assessment of reading, an appropriate individualized education program (IEP), one to one instruction in reading and mathematics, a one to one educational aide, or any other services needed by the Student?
K-A-Northampton-Area-ODRNo-2705-11-12-KE

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