SI vs. Central Bucks School District

BACKGROUND:

Parents, on behalf of Student who has since graduated from high school with a diploma, initiated a due process hearing by filing a May 1, 2007 request seeking compensatory education for the period from Student’s 1997-1998 school year to the present for the School District’s alleged failure to provide a free appropriate public education [hereinafter FAPE]. While in school, Student was identified as having learning disabilities, particularly in reading and language arts.

This Hearing Officer previously entered an Interim Order dated July 23, 2007 (Exhibit HO 8) determining that the Parents, not the School District, bears the burden of proof on the statute of limitations issues and holding that the “continuing violations” doctrine did not apply to this matter. The Hearing Officer took testimony and other evidence on June 22, July 25 and 26, 2007 relevant to the statute of limitations and any exceptions thereto, as well as the graduation issue. After receiving briefs on the legal issues of whether or not an exception to the statute of limitations has been established by the Parents and whether or not Student was “improperly graduated” from the School District, this Hearing Officer entered a Second Interim Order (HO 20) resolving these two issues.

These two interim orders were not intended to be final orders. It had been expected that the remaining testimony and other evidence would be presented at the hearings scheduled for September 10 and 11, 2007. On September 7, 2007, the parties reported that the remaining issues had been “resolved” and requested a brief telephone conference. During this September 10 conference, the parties requested that the record be closed and that the Hearing Officer issue findings of fact and conclusions of law in support of the interim orders. Hence this decision.