KD vs. Harbor Creek School District

Date of Birth: xx/xx/xx
Dates of Hearing: November 30, 2005

December 1, 2005 January 17, 2006 January 18, 2006 January 31, 2006


Parties to the Hearing: Parents:

Harbor Creek School District

Date Transcript Received: February 3, 2006

Date Briefs Received: February 13, 2006

Date of Decision: February 16, 2006

Gerald Dambach, Ed.D Hearing Officer


Student is xx year old grade 5 student who currently attends the [Redacted] Charter School. Student began attending the Charter School in November 2005. Previously student was a Student in the Harbor Creek School District. Student’s last day at Harbor Creek was October 24, 2005. While at Harbor Creek Student was a grade 5 student at Elementary where Student was placed in a Learning Support (LS) program as a Mentally Retarded (MR) student.

On November 2, 2005 the parent representative, Pamela Berger, Esq., submitted a request to the Harbor Creek School District requesting a special education due process hearing. Attorney Berger made 11 specific claims and as a remedy was seeking one year of compensatory education and that Student be provided with appropriate behavioral supports and social skills training. (HO 1) The 11 specific claims basically deal with three broad-based issues: suspension; behavior plan; and IEP including speech, social skills, behavior plan, and implementation of an IEP that was not approved by the parent.


  1. Did the School District comply with state and federal regulations concerning Student’s five day suspension on October 7, 2005?
  2. Were Student’s behavior plans for the 2004-05 and 2005-06 school years appropriate?
  3. Did Student’s 2004-05 and 2005-06 IEPs appropriately address speech/language and social skill goals?

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