ZS vs. Pittston Area School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

File No. 7154/06-07 KE
ZS and the Pittston Area School District

Closed Hearing

For the Student:

Drew Christian, Esq. Attorney-at-Law 801 Monroe Avenue Scranton, PA 18510

For the School District:

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

Anjela Januski, Esq.
Marshall, Dennehey, Warner, Coleman & Goggin
401 Adams Avenue, Scranton Center 4th Floor, Suite 400
Scranton, PA 18510

Due Process Hearing Request Date: November 20, 2006

Resolution Meeting Date: Waived

Hearing Dates: February 23, April 3, 2007

Date Record Closed: April 20, 2007

Decision Date: April 25, 2007

Hearing Officer: Daniel J. Myers

Background

Student contends that he has been denied a free and appropriate public education (FAPE) since November 20, 2006. He requests compensatory education and an independent evaluation at public expense. The School District disputes any denial of FAPE and further contends that Student is not entitled to special education services and/or accommodations because he does not need special education and related services. For the reasons described below, I find for Student.

Issues

Whether the School District has provided Student with a free and appropriate public education since November 20, 2006?

Whether Student is entitled to independent evaluations at public expense? Whether Student is eligible for special education and/or accommodations?

ZS-Pittston-Area-ODRNo-7154-06-07-KE

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