Student vs. Octorara Area School District

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?

Student-Octorara-Area-ODRNo-10086-08-09-KE

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