Pennsylvania
Special Education Hearing Officer
FINAL DECISION AND ORDER
Student’s Name: J. G.
Date of Birth: [redacted]
ODR No. 17009-1516KE
CLOSED HEARING
Parties to the Hearing: Parent[s]
Fort LeBoeuf School District 865 Cherry Street Waterford, PA 16441
Representative:
Pamela Berger, Esq. 434 Grace Street Pittsburgh, PA 15211
Teresa Sirianni, Esq. Biannely M. Diaz, Esq. Marshall, Dennehay, Warner, Coleman, & Goggin
600 Grant St., Suite 2900 Pittsburgh, PA 15219
Dates of Hearing: 12/10/2015, 1/19/2016, 3/17/2016 and 4/6/2016
Record Closed: 4/26/2016
Date of Decision: 5/10/2016
Hearing Officer: Brian Jason Ford, JD, CHO
Introduction
Parents bring this matter on behalf of their minor child, Student, asserting claims under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. against the District.1 The Parents claim that the District has denied the Student a free appropriate public education (FAPE), specifically in regard to Reading, Writing, Math, and assistive technology.
To remedy these alleged denials, the Parents demand both compensatory education to remediate the harm caused by the denial of FAPE, and changes to the Student’s Individualized Educational Plan (IEP) to ensure the provision of FAPE going forward. Regarding compensatory education, the Parents’ demand starts on November 5, 2013, and goes through the present.2 Regarding the IEP, the Parents demand that the Student’s IEP be changed to include intensive, research-based instruction in reading and math, a writing goal, and appropriate assistive technology following an assistive technology assessment.
Issues
- Was the Student denied a FAPE in the area of Reading and, if so, is compensatory education owed?
- Must the Student’s IEP be changed in regard to Reading to ensure the provision of FAPE?
- Was the Student denied a FAPE in the area of Writing and, if so, is compensatory education owed?
- Must the Student’s IEP be changed in regard to Writing to ensure the provision of FAPE?
- Was the Student denied a FAPE in the area of Math and, if so, is compensatory education owed?
- Must the Student’s IEP be changed in regard to Math to ensure the provision of FAPE?
- What assistive technology does the Student currently need?