NM vs. Scranton School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: NM

Date of Birth: XX/XX/XX

Date of Hearings:
November 17, 2008, January 13, 2009, January 23, 2009

CLOSED HEARING

ODR Case # 9166-08-09-KE

Parties to the Hearing: Ms.

Ms. Lee Carr
Scranton School District 425 N. Washington Avenue Scranton, PA 18503-1305

Representative:

Hollie John, Esq.
Connolly, Jacobson & John 188 North Main Street Doylestown, PA 18901

Harold McGrath, Esq. McGrath Law Office
321 Spruce Street/Suite 600 Scranton, PA 18503

Date Record Closed: February 9, 2009

Date of Decision: February 23, 2009

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

Student is an elementary school aged student residing in the Scranton School District (“District”) who has been identified as a child with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1 and Chapter 14 of the Pennsylvania education regulations (“Chapter 14”)2. The student’s grandparent claims that the District failed in its obligations to identify the student’s disability and to provide special education programming.

For the reasons set forth below, I find in favor of the grandparent.

ISSUES

Did the District fail in its obligations to identify Student as a student with a disability in need of special education?

If so, is the student entitled to an award of compensatory education?

Is the grandparent entitled to reimbursement for an independent education evaluation obtained by her?

NM-Scranton-ODRNo-9166-08-09-KE

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