RT vs. Tunkhannock Area School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: RT
Date of Birth: xx/xx/xxxx

CLOSED HEARING

ODR Case # 10171-08-09-LS

Parties to the Hearing:

Michael J. Healey
Superintendent
Tunkhannock Area School District 41 Philadelphia Avenue Tunkhannock, PA 18657

Representative:

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.

ISSUES

Was the student denied a FAPE by the District?

Is compensatory education owed and, if so, in what amount?

RT-Tunkhannock-Area-ODRNo-10171-08-09-LS

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