Student vs. Pocono Mountain School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: Student

ODR #7725/06-07 AS

Date of Birth: September 2, 1990

Date of Hearing: July 23, 2007

OPEN HEARING

Parties to the Hearing: Mr.

Ms.

Pocono Mountain School District PO Box 200
Swiftwater, Pennsylvania 18370

Representative: Pro Se

Brian Ford, Esquire
KingSpry
One West Broad Street. Suite 700 Bethlehem, Pennsylvania 18018

Date Transcript Received: August 8, 2007

Date of Decision: August 8, 2007

Hearing Officer: Linda M. Valentini, Psy.D.

Background

Student is a xx-year-old eligible student who attended [redacted vocational school] (hereinafter Vocational School) under the auspices of the Pocono Mountain School District (hereinafter District). Mr. and Ms., Student’s parents (hereinafter Parents) wish to obtain Student’s educational records, believe that records have been withheld, and asked for this hearing1 to compel release of all their son’s records to them for purposes of educational planning and to determine whether their son received FAPE.

At the due process hearing it was determined that the sole issue was the Parents’ access to Student’s records. Although the parties seemed to have reached an agreement, when the agreement was being read into the record the Parents indicated their disagreement with what constituted an educational record. (NT 18) No testimony was taken, although the parties were invited to submit briefs regarding the legal definition of “Education Records”. (NT 19)

This decision, therefore deals with what is to be considered an “Education Record” and exactly what materials/items the District and its subcontractor(s) are required to make available to the Parents.

Issue

What educational records are the District and its subcontractor(s) obligated to make available to Student’s Parents?

Student-Pocono-Mountain-ODRNo-7725-06-07-AS

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