Student vs. Carmichaels Areas School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: Student

Date of Birth: XX/XX/XX

Date of Hearings:
February 23, February 26, April 8 & April 22, 2009

CLOSED HEARING

ODR Case # 9462-08-09-LS

Parties to the Hearing: Mr. & Mrs.

Ms. Mary Ann Taylor
Director of Special Education Carmichaels Areas School District 225 North Vine Street Carmichaels, PA 15320

Representative:

Pamela Berger, Esquire 434 Grace Street Pittsburgh, PA 15211

Barbara Graham, Esquire Peacock, Keller & Ecker, LLP 70 East Beau Street Washington, PA 15301

Date Record Closed: May 13, 2009

Date of Decision: May 28, 2009

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

Student is a teen age student residing in the Carmichaels Area School District (“District”) who has been identified as a child with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1 and Chapter 14 of the Pennsylvania education regulations (“Chapter 14”)2. Specifically, Student has been diagnosed with specific learning disabilities in reading and math. The parents allege that the District has denied the student a free appropriate public education (“FAPE”) and make a claim for compensatory education due to deprivations in the student’s reading instruction and transition planning. Additionally, the parents claim that the student’s school assignment— a vocational education program—is inappropriate.

For the reasons set forth below, I find in favor of the parents.

ISSUES

Did the District provide FAPE to the student through its reading instruction?3

Student-Carmichaels-Areas-ODRNo-9462-08-09-LS

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