VB vs. Wayne Highlands School District

Pennsylvania
Special Education Hearing Officer

DECISION

Student’s Name: V.B.

Date of Birth: [redacted]

ODR No. 13735-12-13-KE

CLOSED HEARING

Parties to the Hearing: Parents

Wayne Highlands School District 474 Grove Street
Honesdale, PA 18431-1099

Representative:

Drew Christian, Esquire 801 Monroe Avenue Scranton, PA 18510

Rebecca A. Young, Esquire
King, Spry, Herman, Freund & Faul, LLC One West Broad Street, Suite 700 Bethlehem, PA 18018

Dates of Hearing: August 12, 2013; October 3, 2013

Record Closed: November 8, 2013

Date of Decision: November 15, 2013

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

INTRODUCTION AND PROCEDURAL HISTORY

The student named in the title page of this decision (Student) was an eligible resident of the school district named in the title page of this decision (District) during the period of time relevant to this decision. (NT 7.) Student attended a District high school during the relevant period, and graduated in June 2013. (S 17.) Student is identified with Specific Learning Disability pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). (NT 6.) The Student’s Parents , identified in the title page of this decision, requested due process under the IDEA and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 (section 504), alleging that the District failed to provide a free appropriate public education (FAPE) and requesting compensatory education. The District asserts that it has provided appropriate services.

The hearing was completed in two sessions, and the record closed upon receipt of written summations. I conclude that the District failed to offer and provide a FAPE to Student and that there is a basis for awarding compensatory education.

ISSUES

1. Did the District fail to offer and provide Student with a FAPE from April 10, 2011 to the date of Student’s graduation, June 15, 2013?

2. Should the hearing officer order the District to provide compensatory education to Student for all or any part of the period from April 10, 2011 to June 15, 2013?

V-B-Wayne-Highlands-ODRNo-13735-12-13-KE

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