TB vs. Council Rock School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: T.B.

Date of Birth: [redacted]

ODR No. 01184-0910 KE

CLOSED HEARING

Parties to the Hearing: Parent[s]

Council Rock School District Chancellor Center
30 North Chancellor Street Newtown, PA 18940

Representative: Pro Se

Grace M. Deon, Esquire Eastburn and Gray P.C.
60 East Court Street
P.O. Box 1389
Doylestown, PA 18901-0137

Date of Hearing: October 29, 2010

Record Closed: November 1, 2010

Date of Decision: November 11, 2010

Hearing Officer: William F. Culleton, Jr., Esquire

INTRODUCTION AND PROCEDURAL HISTORY

Student is [a beyond teen-aged] graduate1 of the Council Rock School District (District), who at all relevant times resided within the District (District). (NT 9-23 to 12- 15.) The Student was never identified under the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). (NT 9-5 to 6.) Parent requests due process, alleging a Child Find violation, denial of a free appropriate public education (FAPE), inappropriate graduation, failure to identify as gifted, retaliation and discrimination. Parent rests his claims upon numerous statutes, including the IDEA and the Rehabilitation Act of 1973, section 504, 29 U.S.C. §794 (section 504). In a pre-hearing motion, the District challenges Parent’s standing, asserts the bars of res judicata or claim preclusion and statutory and equitable limitations of claims, and challenges the hearing officer’s authority to award damages.

The hearing was conducted and concluded in one session in which the parties argued the outstanding District motions. Although I find it unnecessary to reach all of the District’s arguments, I find that the District’s motions relying upon the doctrine of res judicata and the various limitations of actions are determinative and I dismiss the complaint.

ISSUES

In his Complaint Notice (complaint) dated May29, 2010, Parent makes the following claims:

  1. In 2006 and 2007, the District inappropriately failed to timely evaluate and identify the Student as a child with a disability, thus failing to comply with its Child Find obligation. (NT 14-2 to 8.)
  2. From 2006 to the date of graduation, the District failed to offer or provide a FAPE to the Student, specifically with regard to post secondary transition services, and services for needs in the areas of academic, social, emotional and behavioral education. (NT 14-9 to 16.)
  3. The District inappropriately graduated the Student in June 2008, without taking into account [Student’s] alleged disability (Specific Learning Disability) and [Student’s] alleged failure to make meaningful educational progress by the time of graduation. (NT 14-17 to 15-1.)
  4. Since 2006, the District inappropriately failed to identify the Student as gifted. (NT 15-2 to 4.)
  5. District personnel engaged in retaliation against the Student due to Parents’ advocacy for the Student. (NT 14-2 to 15-15.)
  6. From 2006 until graduation, District personnel engaged in discrimination against the Student due to [Student’s] disability or due to belief that [Student] had a disability with regard to [Student’s] participation in [an] extracurricular activity. (NT 18-8 to 19-20, 18-8 to 23-13.)
T-B-Council-Rock-ODRNo-01184-0910-KE

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.