SPECIAL EDUCATION HEARING OFFICER
DUE PROCESS HEARING
Name of Child: Student
ODR #7725/06-07 AS
Date of Birth: September 2, 1990
Date of Hearing: July 23, 2007
Parties to the Hearing: Mr.
Pocono Mountain School District PO Box 200
Swiftwater, Pennsylvania 18370
Representative: Pro Se
Brian Ford, Esquire
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.
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.
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