Special Education Hearing Officer
Child’s Name: RT
Date of Birth: xx/xx/xxxx
ODR Case # 10171-08-09-LS
Parties to the Hearing:
Michael J. Healey
Tunkhannock Area School District 41 Philadelphia Avenue Tunkhannock, PA 18657
Drew Christian, Esq. 801 Monroe Avenue Scranton, PA 18510
Anthony F. Andrisano, Jr. Marshall, Dennehy, et. al. 4200 Crums Mill Road/Suite B Harrisburg, PA 17112
Date Record Closed: April 12, 2010
Date of Decision: April 27, 2010
Hearing Officer: Jake McElligott, Esquire
INTRODUCTION AND PROCEDURAL HISTORY
Student is a 17-year old student who from October 2008 – June 2009, under the terms of the Pennsylvania Public School Code1, was a non-resident inmate at a facility within the geographical boundaries of the Tunkhannock Area School District (“District”). The student’s parents reside in another school district. The student has been identified as a student with a disability under federal and Pennsylvania special education laws2, namely as a student with mental retardation, an emotional disturbance, and attention deficit hyperactivity disorder (“ADHD”).
There is a complicated procedural history, which will be set forth in the findings of fact below. Based on the evidence presented at the hearing, the District has denied the student a FAPE and compensatory education will be awarded.
Was the student denied a FAPE by the District?