RM vs. Palmerton Area School District

PENNSYLVANIA
Special Education Hearing Officer

Child’s Name: R.M.

Date of Birth: xx/xx/xx

File Number: 8241-07-08 LS

Dates of Hearing: December 21, 2007; March 5, 2008;

March 12, 2008; April 30, 2008

CLOSED HEARING

Parties to the Hearing: Mrs.

Palmerton Area School District 3533 Fireline Road
Palmerton, PA 18071

Representative:

Frederick Stanczak, Esq. 170 North Broad Street Doylestown, PA 18901

Andrew Faust, Esq.
Sweet Stevens Katz & Williams P.O. Box 5069
New Britain, PA 18901

Date Transcript Received: May 8, 2008

Date of Decision:1 June 2, 2008

Date Parent’s Brief Received: May 21, 20082

Date District’s Brief Received: May 17, 2008 3

Hearing Officer’s Name: Gregory J. Smith

Background

Student is a xx-year-old student who resides with her mother in the Palmerton Area School District (District). Student is eligible for special education and related services as a child with a disability. Student has a history of school phobia and anxiety related to school attendance, emotional difficulties, and learning difficulties in reading, written expression, and math. Student has been the subject of three prior due process hearings, all completed in 2005. One result of those hearings was that the District was ordered to provide Student with instruction in the home. After spending part of the 2006 – 2007 school year at a private school in California, Student returned home in April 2007. Since April 2007 Student has attended school only briefly.

Student’s mother requested the present due process hearing to address two issues: Must the District provide Student with instruction in the home? And, must the District provide Student with compensatory education? At the present hearing the parties agreed to have one issue raised by the District heard at this hearing: May the District complete a psychoeducational reevaluation of Student?

Issues

Must the Palmerton Area School District provide Student with instruction in the home?
Must the Palmerton Area School District provide Student with compensatory education?
May the Palmerton Area School District complete a psychoeducational reevaluation of Student?

R-M-Palmerton-Area-ODRNNo-8241-07-08-LS

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