Student vs. Ambridge Area

Background:

Student is a [teenaged] grade 11 (2005-06) student in the Ambridge Area School District. He has educational diagnoses of Other Health Impaired (OHI) and Specific Learning Disability (LD). His OHI diagnosis includes Tourette’s Syndrome, Attention Deficit Hyperactivity Disorder (ADHD) and Obsessive Compulsive Disorder (OCD). During grade 11 he attended the Huntington Learning Center (HLC) part-time and a job placement the remainder of the time.

The District stipulated that they did not provide a Free Appropriate Public Education (FAPE) for two years, and as such is offering compensatory education. The parent is alleging that there is a basis for an additional number of years of compensatory education. The parent is seeking compensatory education beginning with the 2001-02 school year thru the 2005-06 school year (5 years of compensatory education). The parents are also seeking expenses incurred from 2001-02 thru 2005-06. While the district has stipulated to two years of compensatory education the question becomes how much compensatory education for those two years.

This Hearing Officer agreed to take testimony relative to the compensatory education issue and to request legal briefs from both parties. The issue of compensatory education will then be determined. The other issue for this proceeding involves Student’s program and placement for 2006-07. The parties are to meet on this issue and if not resolved then testimony will be taken.

This decision will address two basic issues:

1. How much compensatory education is Student entitled to for 2004-05 and 2005-06?
2. Is Student entitled to (and how much) compensatory education for 2003-04, 2002-03, and 2001-02?

The issue of an appropriate program and placement for 2006-07 will be decided at subsequent sessions of this proceeding.