VD vs. Pittston Area School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

5769/05-06 KE and 5861/05-06 KE
File Numbers

V .D.
Child’s Name

Xx/xx/xx
Date of Birth

1/04/06, 1/06/06
Dates of Hearing

Open
Type of Hearing

For the Student: Parent(s)

For the Pittston Area School District:

Margaret Boyt
Director of Special Education Pittston Area School District 5 Stout Street
Pittston, PA 18640-3391

Gina K. DiPietro, Esq.
Sweet, Stevens, Tucker & Katz 331 Butler Avenue
P.O. Box 5069
New Britain, PA 18901-5069

Dates of Hearing: January 4 and 6, 2006

Date of Receipt of Transcript: January 11, 2006

Date of Decision: January 26, 2006

Hearing Officer: Daniel J. Myers

BACKGROUND

Student (Student) is a/an xx year old resident of the Pittston Area School District (School District) with a specific learning disability in written expression and attention deficit hyperactivity disorder (ADHD). His parents contend that he has been denied a free and appropriate public education (FAPE) since his most recent re-enrollment into the School District in January 2005. The School District contends that Student is not even a special education student any longer. The parties also want me to determine what is the appropriate program and placement for Student for the 2005-2006 school year. For the reasons described below, I find that the Student is entitled to 32 hours of compensatory education and that I will not disturb the program and placement decision of the June 2005 facilitated IEP in this case.

ISSUES

  1. Whether or not Student is entitled to compensatory education for any period since January 2005 due to a denial of a FAPE.
  2. What is the appropriate program and placement for Student for the 2005-2006 school year?
V-D-Pittston-Area-5769-05-06-KE-and-5861-05-06-KE

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