Student vs. Schuylkill Haven Area School District

Decision

Due Process Hearing for Student Date of Birth: [ ]
File Number: 5950/05-06

Dates of Hearings:
December 2, 2005; January 20, 2006; February 17, 2006

CLOSED HEARING

Parties:
Mr. and Mrs. Parents [ ]
[ ]

Mr. Thomas Camise
Schuylkill Haven Area School District East Main Street
Schuylkill Haven, PA 17972

Representatives: Elizabeth Kapo, Esq 2123 Pinehurst Road Bethlehem, PA 18018

Gina DePietro, Esq
PO Box 5069
331 Butler Ave
New Britain, PA 18901

Date Transcript Received: February 22, 2006

Date of Decision: March 4, 2006

Hearing Officer: David F. Bateman, PhD

I. BACKGROUND

Student is a fourth grade student in the Schuylkill Haven School District (hereinafter District) eligible for special education and related services as a student with a learning disability. The Parents and the District participated in a previous due process hearing and subsequent appeal relating to her identification and eligibility for special education and related services. A part of the Appeals Panel decision included an Order for the District to complete a reevaluation. The District completed an educational evaluation, and found Student no longer eligible for special education and related services. The Parents disagreed with the findings of the District’s evaluation report. The District requested the present due process hearing for determining whether Student was eligible for special education and related services.

The Parents moved to have the Hearing dismissed having appealed the other part of the Appeals Panel decision to Federal Court.

III. ISSUE PRESENTED

Is Student eligible for special education and related services?

Student-Schuylkill-Haven-Area-ODRNo-5950-05-06

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