Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: Student
Date of Birth: xx/xx/xx
Dates of Hearing: July 15, August 31, 2009
OPEN HEARING
ODR No. 10086/08-09 KE
Parties to the Hearing: Parents :
School District:
Octorara Area School District 228 Highland Road
Atglen, PA 19310 P.O. Box 5069
Representative:
Mark W. Voigt, Esq.
Law Office of Mark Voigt
Plymouth Meeting Executive Campus 600 West Germantown Pike, Suite 400 Plymouth Meeting, PA 19462
School District Attorney: Andrew E. Faust, Esq.
Sweet, Stevens, Tucker & Katz 331 Butler Avenue
New Britain, PA 18901-5069
Date Record Closed: September 8, 2009
Date of Decision: September 22, 2009
Hearing Officer: Daniel J. Myers
INTRODUCTION AND PROCEDURAL HISTORY
Student (Student) 1 is a very verbal and well-read 5th grade student in the Octorara Area School District (District) who complains that the District inappropriately has failed to identify Student as needing special education services. In this case, the District prevails because, while Student written expression skills are weak, relative to Student’s strong reading skills, the record does not establish that Student has a specific learning disability.
ISSUES
Whether Student qualifies for special education services?
Whether Student is entitled to compensatory education for denial of special education services?