Special Education Hearing Officer


Child’s Name: Student

Date of Birth: xx/xx/xx

Dates of Hearing: June 12, 2008, August 7, 2008, September 24, 2008

ODR #8650/07-08 LS

Parties to the Hearing:

Forest City Regional School District 100 Susquehanna Street
Forest City, PA 18421-1355


Drew Christian, Esquire 801 Monroe Avenue Scranton, PA 18510

Angela Januski Evans, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin, P.C.
401 Adams Avenue, Suite 400
Scranton, PA 18510

Date Record Closed: October 10, 2008

Date of Decision: October 25, 2008

Hearing Officer: William F. Culleton, Jr., Esquire


Student (Student) is an elementary school aged eligible resident of the Forest City Regional School District, and Student is identified as a child with a disability for special education purposes, due to autism. (NT 27-28.) During the 2006-2007 school year, the Student was in early intervention through the Northeastern Intermediate Unit (IU). During the 2007-2008 school year, the Student was enrolled in the District’s full time, regular education kindergarten class at the [redacted] Elementary School (School). (Parent) requested due process asserting that the District’s program for the Student in kindergarten was inappropriate, and requesting, among other things, compensatory education and an independent educational evaluation. (P-16.) The District asserts that its evaluation and program are adequate and that the Student made meaningful educational progress during Student’s kindergarten year.

The hearing was conducted on three dates from June 12, 2008 until September 24, 2008. The record closed on October 10, 2008, upon receipt of written summations from the parties.


  1. Did the District fail to provide a FAPE to the Student by failing to offer and implement appropriate transition services when the Student transferred from early intervention to kindergarten in the 2007-2008 school year?
  2. Was the District’s evaluation report, dated November 20, 2007, appropriate?
  3. Did the District fail to provide a FAPE to the Student by failing to offer an appropriate IEP in January 2008?
  4. Did the District fail to provide a FAPE to the Student by failing to appropriately implement the IEP offered in January 2008?

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