Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: T.R.
Date of Birth: [redacted]
Date of Hearing: April 11, 2011, April 12, 2011
CLOSED HEARING
ODR No. 1446-1011AS
Parties to the Hearing: Parent
Parent
General McLane School District Route 6N West
Edinboro, PA 16412
Representative:
Angela Uliana-Murphy, Esquire Murphy & Murphy, P.C.
106 N. Franklin St., Suite 2
P. O. Box 97
Pen Argyl, PA 18072
Gary Eiben, Esquire
The McDonald Group, LLP 456 West 6th Street
P. O. Box 1757
Erie, PA 16507
Date Record Closed: April 21, 2011
Date of Decision: May 5, 2011
Hearing Officer: Cathy A. Skidmore, M.Ed., J.D.
INTRODUCTION AND PROCEDURAL HISTORY
[Student] (hereafter “Student”)1 is a middle-school-aged student in the above-named school District (hereafter “District”). Student was evaluated by the District in the fall of 2010, and was determined not to be eligible for special education. Student’s Parents2 filed a due process complaint in February 2011 under the Individuals with Disabilities Education Act (IDEA),3 claiming the District failed in its obligation to identify Student as in need of special education and in providing an appropriate educational program from January 2009 forward. The District subsequently filed its own due process complaint in which it sought an independent educational evaluation (IEE), and that claim was resolved by agreement of the parties at the time of the hearing.
The hearing date on the Parents’ complaint was initially set for March 22, 2011, and a continuance of that hearing was granted. Both matters were scheduled for April 11 and 12, 2011, thereby extending the decision due date. The hearing convened to permit the parties to present evidence in support of their respective positions. For the following reasons, I find in favor of the Parents and award compensatory education for a portion of the time period at issue.
ISSUES
- Whether the Student is eligible for special education; and, if so,
- Whether District failed in its obligation to identify Student as eligible for special education; and, if so,
- Whether the Student is entitled to compensatory education for any portion of the 2009-10 and 2010-11 school years.