S. v. the Wissahickon School District

Full title: S., et al. v. THE WISSAHICKON SCHOOL DISTRICT

Court: United States District Court, E.D. Pennsylvania

Date published: Oct 6, 2005

Civil Action No. 05-CV-1284 (E.D. Pa. Oct. 6, 2005)

Opinion

Civil Action No. 05-CV-1284.

October 6, 2005

ORDER

BRUCE KAUFFMAN, District Judge

AND NOW, this 5^th day of October, 2005, upon consideration of Plaintiffs' Motion for a Preliminary Remand to the Pennsylvania Administrative Process (docket no. 4) and Defendant's Response thereto, it is ORDERED that the Motion is GRANTED. IT IS FURTHER ORDERED THAT:

1. The Court adopts the reasoning in Amanda A. v. Coatesville Area Sch. Dist., 04-4184, 2005 WL 426090 (E.D. Pa. Feb. 23, 2005). See also Curtis B. v. Owen J. Roberts Sch. Dist., No. 05-3380 (E.D. Pa. Sep. 20, 2005); M. v. Northern Penn Sch. Dist., No. 05-3382 (E.D. Pa. Sep. 16, 2005).

2. The decision of the state administrative process limiting consideration of an award of compensatory education to no more than one year is REVERSED.

3. This matter is REMANDED to the state administrative process which shall accept and consider all relevant and necessary evidence on the issue of compensatory education without limitation of a one-year period, subject only to the rules of evidence which otherwise apply at Pennsylvania special education due process proceedings, and make a determination of the compensatory education, if any, due to Plaintiff disabled student under such evidence. The Clerk of the Court shall mark this case CLOSED.