ST vs. Carbondale Area School District

Pennsylvania
Special Education Hearing Officer

FINAL DECISION AND ORDER

Student’s Name: S.T.

Date of Birth: [redacted]

ODR No. 16540-1516KE

CLOSED HEARING

Parties to the Hearing: Parent[s]

Carbondale Area School District 101 Brooklyn Street Carbondale, PA 18407

Representative:

Heather Hulse, Esq. McAndrews Law Office, P.C. 30 Cassatt Ave.
Berwyn, PA 19312

William McPartland, Esq. Marshall, Dennehey, Warner Coleman & Goggin, P.C.
50 Glemaura National Blvd. Moosic, PA 18507

Dates of Hearing: 12/04/2015, 01/14/2016

Record Closed: 02/08/2016

Date of Decision: 02/23/2016

Hearing Officer: Brian Jason Ford

Introduction

[The Student’s Parent] (Parent) is the parent of [the student] (Student). The Student was enrolled in a charter school until 2013-14 school year. While enrolled in the charter school (Charter School), the Student attended school at a private school (Private School). The Student was still attending the Private School when the Parent enrolled the Student in the Carbondale Area School District (District) at the start of the 2013-14 school year. Thereafter, while enrolled in the District, the Student continued to attend the Private School. The Student currently attends the Private School.

The Parent requested this due process hearing against the District, seeking an individualized educational program (IEP) from the District, tuition reimbursement for the cost of the Private School from the 2013-14 school year until the District offers an IEP, and a District-funded independent educational evaluation (IEE).

This matter arises under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. and Section 504 of the Rehabilitation Act of 1973 (Section 504), 34 C.F.R. Part 104.4.

Issues1

  1. Must the District offer an IEP to the Student?
  2. Is the Student entitled to an IEE at public expense?
  3. Is the Parent entitled to tuition reimbursement?
S-T-Carbondale-Area-ODRNo-16540-1516KE

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