MB vs. Pleasant Valley School District

Pennsylvania Special Education Hearing Officer

FINAL DECISION AND ORDER

CLOSED HEARING

ODR File Number: 19032 16 17

Student’s Name: M.B.

Date of Birth: [redacted]

Dates of Hearing:
06/26/2017, 06/27/2017, 06/28/2017, 08/08/2017, 08/16/2017

Parent:

[redacted]

Counsel for Parent

Michael J. Connolly, Esquire, McAndrews Law Office, P.C., 30 Cassatt Avenue, Berwyn, PA 19312

Local Education Agency:

Pleasant Valley School District, 2233 Route 115, Suite 100, Brodheadsville, PA 18322

Counsel for the LEA

Glenna M. Hazeltine, Esq, King, Spry, Herman, Freund, & Faul, LLC, One West Broad Street, Suite 700,
Bethlehem, PA 18108

Hearing Officer: Brian Jason Ford, JD, CHO

Date of Decision: 9/25/17

Introduction

This special education due process hearing concerns the educational rights of a former student (Student) of the School District (District).1 The Student’s parents (Parents) allege that the District denied the Student a free appropriate public education (FAPE) from the 2010-11 school year until the Student aged out of programming after the 2016- 17 school year.

For reasons discussed below, I find in favor of the Parents in part and in favor of the District in part. I fashion a remedy to address the denial of FAPE.

Issues2

1. Was the Student denied a FAPE from the 2010-11 school year until the Student aged out of IDEA eligibility at the end of the 2016-17 school year?

2. If the Student was denied a FAPE, how much compensatory education is owed, and how may that compensatory education be used?

M-B-Pleasant-Valley-ODRNo-19032-16-17

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