KN vs. Tunkhannock School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: K.N.

Date of Birth: [redacted]

ODR No. 3128-11-12-KE

EXPEDITED HEARING CLOSED HEARING

Parties to the Hearing: Parent

Tunkhannock School District 41 Philadelphia Avenue

Tunkhannock, PA 18657

Parties to the Hearing: Parent

Tunkhannock School District 41 Philadelphia Avenue

Tunkhannock, PA 18657

Representative:
Heather Hulse, Esquire McAndrews Law Offices 30 Cassatt Avenue Berwyn, PA 19312

William McPartland, Esquire
Marshall Dennehey Warner Coleman & Goggin
50 Glemaura National Boulevard Moosic, PA 18507

Date of Hearing: May 31, 2012

Record Closed: June 11, 2012

Date of Decision: June 12, 2012

Hearing Officer: Linda M. Valentini, Psy.D., CHO

Background

Student is a high school aged student residing in the District and enrolled in a District school. The Parent asked for this hearing to challenge the District’s conclusion that certain behaviors in question were not a manifestation of Student’s disability.

The hearing was conducted in one session on an expedited basis. I conclude that the District’s procedure in conducting the manifestation determination was inappropriate, although I find that the District’s conclusion that the behavior was not a manifestation of Student’s disability was correct.

Issues

Were the District’s manifestation determination procedures appropriate?

Were Student’s behaviors a manifestation of Student’s disability?

If the District incorrectly determined that Student’s behaviors were not a manifestation of Student’s disability, should the District provide Student with compensatory education for days of suspension and take any action with regard to the police and the courts?

K-N-Tunkhannock-ODRNo-3128-11-12-KE

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