Special Education Hearing Officer Decision

Due Process Hearing
NW (#8860/07-08 AS)
Date of Birth: xx/xx/xx
Dates of Hearing: June 25, July 9, August 11, September 11, & 24, 2008
Closed Hearing

Parties to the Hearing

Parent Parent

School District

Franklin Area

Representative Pamela E. Berger, Esq.

Representative Patricia K. Smith, Esq.

Transcript Completed September 30, 2008

Date of Decision October 24, 2008

Hearing Officer David Y. K. Lee


Student is an xx-year-old student in the Franklin Area School District (hereafter District). During the 2007-2008 school year, Student was an eligible third grade student receiving special education services in an Emotional Support (hereafter ES) classroom.

The parent1 opined that Student’s Individualized Education Plan (hereafter IEP), especially that of behavior intervention, was not properly implemented.

IV. ISSUES (N.T. 5-10.)

1. Was Student denied a Free and Appropriate Program of Education (hereafter FAPE) due to an inappropriate IEP?
2. Was Student improperly restrained?
3. Did the use of the time-out room constitute discrimination under Ch. 15?
4. Was the District in violation of the age range limit for students in the ES classroom? 5. Is Student entitled to a neuropsychological evaluation?
6. Is Student entitled to compensatory education award?


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