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Jana K. v. Annville-Cleona Sch. Dist.

United States District Court, M.D. Pennsylvania

August 18, 2014

JANA K., through her Parent TIM K. of Hemet, CA, Plaintiffs
v.
ANNVILLE-CLEONA SCHOOL DISTRICT, Defendant

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For Jana K., through her Parent Tim K. of Hemet, CA, Plaintiff, Counterclaim Defendant: Dennis C. McAndrews, Michael E. Gehring, LEAD ATTORNEYS, McAndrews Law Offices, Berwyn, PA.

For Annville-Cleona School District, Defendant, Counterclaim Plaintiff: Christopher J. Conrad, Marshall Dennehey Warner Coleman and Goggin, Camp Hill, PA.

Page 588

MEMORANDUM

Sylvia H. Rambo, United States District Judge.

Presently before the court are cross-motions for judgment on the administrative record, appealing the decision of a Pennsylvania hearing officer wherein he found that the defendant school district failed to identify an emotionally disabled child as a student in need of special education and failed to provide her with a free appropriate public education, in violation of the Individuals with Disabilities Education Act, 20 U.S.C.§ 1400, and Section 504 of the Rehabilitation Act, 29 U.S.C.§ 794. To compensate the student for this deprivation, the hearing officer awarded her limited compensatory education in the amount of thirty minutes per week for the statutory period.

The school district challenges the hearing officer's decision in its entirety, arguing, inter alia, that the student's claims are time barred as a matter of law, that it did not violate its obligations to the student, and that an award of compensatory education is inappropriate under the facts of the case. Alternatively, the district asks the court to affirm the hearing officer's decision to award thirty minutes of compensatory education per week for the statutory period. The student asks the court to affirm the hearing officer's decision insofar as he found that the district denied her a free appropriate education, but to overrule his award of thirty minutes of compensatory education and to instead grant full days compensatory education for the statutory period.

The court has thoroughly reviewed the administrative record, and for the reasons that follow, the court will grant the student's motion in its entirety and deny the district's motion in its entirety.

Page 589

I. Background


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