Pennsylvania
Special Education Hearing Officer
FINAL DECISION AND ORDER
Student’s Name: P.M.
Date of Birth: [redacted]
ODR No. 14400-1314AS
CLOSED HEARING
Parties to the Hearing: Parent[s]
Muncy School District 125 New Street Muncy, PA 17756
Representative:
Phillip A. Drumheiser, Esq. P.O. Box 890
Carlisle, Pennsylvania 17013
Jeffrey F. Champagne, Esq. 100 Pine Street
PO Box 1166
Harrisburg, PA 17108-1166
Dates of Hearing: 02/21/2014, 03/21/2014, 04/17/2014, 04/25/2014 05/05/2014, 06/04/2014
Record Closed: 06/30/2014
Date of Decision: 07/14/2014
Hearing Officer: Brian Jason Ford
INTRODUCTION AND PROCEDURAL HISTORY
This matter arises under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. and Section 504 of the Rehabilitation Act of 1973 (Section 504), 34 C.F.R. Part 104.4., as effectuated by 22 Pa. Code § 15 et seq. (Chapter 15).
The Parents’ original complaint was filed on October 18, 2013. That matter was conditionally dismissed on November 6, 2013. The matter was then reinstated on January 14, 2014. Next, the matter was bifurcated to address an issue concerning the IDEA’s statute of limitations (the Parents claimed exceptions to the statute of limitations). A hearing to take evidence concerning the limitations issue convened on February 21, 2014. On March 7, 2014, I issued a Preliminary Decision wherein I found that the IDEA’s two-year statute of limitations applies to this case. Five additional hearing sessions then convened regarding the issues identified below.
ISSUES
- Is the Student IDEA-eligible (meaning, is the Student a “child with a disability” as defined by the IDEA at 20 U.S.C. § 1401(3)(a))?
- Is the Student Section 504-eligible or Chapter 15-eligible (meaning, is the Student a “handicapped person” as defined at 34 CFR § 104.3(j) or a “protected handicapped student” as defined at 22 Pa. Code § 15.2.1
- Must the District fund an independent educational evaluation (IEE) for the Student?
- Must the District provide a Functional Behavioral Assessment (FBA) and a Behavioral Support Plan (BSP), regardless of the Student’s eligibility under the IDEA or Section 504?
- Is the Student entitled to compensatory education to remedy any denials of either the IDEA or Section 504?