XF vs. Pocono Mountain School District

Pennsylvania
Special Education Hearing Officer

DECISION

Student’s Name: X. F.

Date of Birth: [redacted]

ODR No. 14325-13-14-AS

CLOSED HEARING

Parties to the Hearing: Parent[s]

Pocono Mountain School District 135 Pocono Mountain School Road Swiftwater, PA 18370

Representative:

Heather M. Hulse, Esquire McAndrews Law Offices, P.C. 400 Spruce Street, Suite 300 Scranton, PA 18503

Glenna M. Hazeltine, Esquire
King, Spry, Herman, Freund & Faul, LLC One West Broad Street, Suite 700 Bethlehem, PA 18018

Dates of Hearing: January 23, 2014; January 30, 2014; March 12, 2014; March 14, 2014

Record Closed: April 2, 2014

Date of Decision: April 11, 2014

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

INTRODUCTION AND PROCEDURAL HISTORY

The student in this matter (Student)1 attended kindergarten in the respondent school district (District)2 during the 2012-2013 school year.3 (NT 7, 19.) Student is identified with Other Health Impairment and Speech or Language Disorder pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). (NT 19.) Parent4, 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)5, alleging that the District failed to provide Student with a free appropriate public education (FAPE) and requesting compensatory

education. The District asserts that it has provided appropriate services.
The hearing was completed in four sessions, and the record closed upon receipt of

written summations. I conclude that the District provided a FAPE to Student and that there is no basis for awarding compensatory education.

ISSUES

  1. Was the District’s re-evaluation dated October 11, 2012 appropriate?
  2. Did the District fail to provide Student with a FAPE during all or any part of the 2012- 2013 school year?
  3. Did the District fail to provide an appropriate placement for Student during all or any part of the 2012-2013 school year?
  4. Did the District fail to comply with the procedural requirements of the IDEA regarding parental participation in Student’s educational planning?
  5. Should the hearing officer order the District to provide compensatory education to Student for all or any part of the 2012-2013 school year?
X-F-Pocono-Mountain-ODRNo-14325-13-14-AS

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