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