Pennsylvania Special Education Hearing Officer
DECISION
Child’s Name: KP
Date of Birth: xx/xx/xx
Date of Hearing: 11-06-07
OPEN HEARING
ODR #8098/07-08 LS
Parties to the Hearing:
Mr. and Ms.
Juniata County School District RR 4 Box 259 Mifflintown, PA 17059-9806
Scott C. Etter, Esquire RR 4 Box 259 720 South Atherton St. Mifflintown, PA 17059-9806 State College, PA 16801
Date Record Closed: November 16, 2007
Date of Decision: December 1, 2007
Hearing Officer: William F. Culleton, Jr., Esquire
INTRODUCTION
Student is an xx year old eligible student of the Juniata County School District (District). (NT 17-2 to 7, 24-7 to 8.) She is identified with Multiple Disabilities (Mental Retardation and Other Health Impairment), due to a diagnosis of partial Agenesis of the Corpus Collosum. (S-2 p. 30.) The District requested due process to resolve a question whether or not it had provided training in public transportation that was reasonably calculated to provide meaningful educational progress. The District also seeks a ruling that its offer of such training meets its obligations under a Compensatory Education Agreement. (NT 21-14 TO 25.) Mr. and Ms. (Parents) questioned the Hearing Officer’s jurisdiction to make any finding with regard to compliance with a compensatory education agreement resulting from corrective action plan ordered by a Compliance Officer. The Parents also assert that the District’s offer did not provide a FAPE.
ISSUES
1. Does the hearing officer have jurisdiction to determine whether or not the District complied with the Compensatory Education Agreement dated June 4, 2007?
2. Did the District’s offer – of either a taxi, a limousine service, or district transportation as part of a training exercise involving public transportation – comply with the Agreement?
3. Was the District’s offer – of either a taxi, a limousine service, or district transportation as part of a training exercise involving public transportation – reasonably calculated to provide meaningful educational opportunity?
4. Was the District’s proposed IEP with transition service utilizing District transportation to teach mobility skills reasonably calculated to provide meaningful educational opportunity?
KP-Juniata-County-8098-07-08-LS