ND vs. School District Tunkhannock Area

Pennsylvania
Special Education Hearing Officer

DECISION
ODR No. 01025-0910KE

Child’s Name: N.D.
Date of Birth: [redacted]
Dates of Hearing: 10/22/10, 12/3/10

CLOSED HEARING

Parties to the Hearing:

Parents Parent[s]

School District Tunkhannock Area
41 Philadelphia Avenue Tunkhannock, PA 18657

Representative:

Parent Attorney
Drew Christian, Esquire 801 Monroe Avenue Scranton, PA 18510

School District Attorney Anthony Andrisano, Jr., Esquire Marshall, Dennehey
4200 Crums Mill Road Suite B Harrisburg, PA 17112

Date Record Closed: January 7, 2011

Date of Decision: January 22, 2011

Hearing Officer: Anne L. Carroll, Esq.

INTRODUCTION AND PROCEDURAL HISTORY

In June [redacted], [Student] received a regular high school diploma from Tunkhannock Area School District [District], where [Student] had been identified as IDEA eligible at the beginning of 12th grade. During 11th grade [redacted], Student’s completion of school work and quarterly grades dropped dramatically between the first and third quarters, prompting Parents to seek an evaluation in the spring of [11th grade]. After Parents obtained an independent evaluation report, which they promptly provided to the District, the District completed a records review evaluation during the summer between Student’s 11th and 12th grade school years and concluded that Student was IDEA eligible due to a specific learning disability in math.

Student began receiving special education services at the beginning of 12th grade, which Parents contend were inadequate to prepare Student for college. Parents filed a due process complaint in April [of Student’s 12th grade year], alleging that the District violated its child find obligations by failing to identify Student earlier, and that even after Student was determined to be IDEA eligible, the District failed to provide sufficient and appropriate IDEA services. The hearing was conducted in 2 sessions after a prolonged period of unsuccessful settlement negotiations. For the reasons that follow, the District will be ordered to reimburse Student’s Parents for the independent evaluation and Student will be awarded limited compensatory education.

ISSUES

Did School District fail to timely evaluate and identify [Student] as an IDEA eligible student during the [11th grade] school year?

Is the School District required to reimburse [Student]’s Parents for an independent evaluation they obtained in May [of Student’s 11th grade school year]?

Did the School District fail to provide [Student] with appropriate special education services during the [11th and 12th grade] school years, and if so, in what respect(s)?

Is [Student] entitled to compensatory education and, if so, for what period, in what amount and in what form?

N-D-Tunkhannock-Area-ODRNo-01025-0910KE

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.