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
- Whether or not Student is entitled to compensatory education for any period since January 2005 due to a denial of a FAPE.
- What is the appropriate program and placement for Student for the 2005-2006 school year?