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