VD vs. Pittston Area School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: V. D.

ODR #6357/05-06 KE

Date of Birth: Xx/xx/xx

Date of Hearing: April 24, 2006

OPEN HEARING

Parties to the Hearing: Parents

Director of Special Education Pittston Area School District 5 Stout Street
Pittston, Pennsylvania 18640

Representative: Pro Se

Gina DePietro, Esquire
Sweet, Stevens, Tucker & Katz 331 Butler Avenue, P.O. Box 5069 New Britain, Pennsylvania 18901

Date Transcript Received: April 29, 2006

Date of Decision: May 8. 2006

Hearing Officer: Linda M. Valentini, Psy.D.

Background

Student is a [teenaged] student who resides in the Pittston Area School District (hereinafter District). Parent1 originally filed for this hearing because they believed that Student’s pendent IEP did not afford him a free appropriate public education (FAPE) and/or was not being implemented. However, as the District sought to challenge Student’s eligibility, the hearing officer determined that this was the threshold issue, and over the Parent’s initial objection added that issue to the matters to be addressed at the hearing.

Issues

  1. Is Student a student who is eligible for special education?
  2. If Student is a student who is eligible for special education, is his IEP2 appropriate and/or being implemented?
  3. If Student is a student who is eligible for special education and his IEP is not appropriate and/or not being implemented is he entitled to compensatory education and in what amount during the period from the conclusion of the previous hearing until the date of this decision3?
  4. If Student is not currently a student who is eligible for special education, is he due compensatory education for any failure of the District to offer FAPE or to implement his pendent IEP during the period from the conclusion of the previous hearing until the date of this decision?
V-D-Pittston-Area-ODRNo-6357-05-06KE

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