Student vs. Pocono Mountain School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: Student

ODR # 5968/05-06 AS

Date of Birth: xx/xx/xx

Dates of Hearing: 2/17/06; 2/23/06; 3/24/06, 4/3/06, 5/1/06, 5/3/06, 6/7/06, 6/8/06 1

CLOSED HEARING

Parties to the Hearing: Mr. and Mrs. Parent

Mrs. Betsy Guftason
Director of Secondary Special Education Pocono Mountain School District
P.O. Box 200
Swiftwater, PA 18370

Representatives:
Judith Gran, Esquire
PILCOP
125 South 9th Street, Suite 700 Philadelphia, PA 19107

Philip Drumheiser, Esquire P.O. Box 890
Carlisle, PA 17013

Erin Gilsbach, Esquire Jessica Lenhart, Esquire 1 West Broad Street Suite 700

Bethlehem, PA 18018

Date Transcript Received: June 13, 2006

Date of Decision: July 20, 2006

Hearing Officer: Marcie Romberger, Esquire

ISSUES

  1. Did the District fail in its Child Find requirement under the Individuals with Disabilities Education Act by not diagnosing Student with a learning disability earlier?
  2. Was Student’s placement in an English for Speakers of Other Languages Class rather than identifying Student as learning disabled inappropriate?
  3. Was the Student inappropriately disciplined because the District knew or should have known that Student was a child with a disability?
  4. Was the Evaluation Report produced by the District inappropriate for failing to identify all of Student’s disabilities, specifically Other Health Impaired for his weakness in Executive Functioning?
  5. Did the District fail to appropriately consider and integrate the Independent Evaluation into the District’s Evaluation Report?
  6. Were the Individualized Education Plans offered by the District inappropriate?

If The answer to any of the above is in the affirmative, should the Student:

  1. receive compensatory education from March, 2000 to June, 2005 when he was placed in ESOL and not evaluated?
  2. receive a new reevaluation that considers the Independent Educational Evaluation and integrates its considerations?
  3. receive a new Individualized Education Plan including placement outside the District?
  4. receive compensatory education for the 2005-2006 school year for the failure of the District to offer an appropriate IEP to Student?
Student-Pocono-Mountain-ODRNo-5968-05-06-AS

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