MONTGOMERY COUNTY INTERMEDIATE UNIT NO. 23 v. C.M. et al
ORDER THAT THE MOTION FOR JUDGMENT ON THE ADMINISTRATIVE RECORD IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE HARVEY BARTLE, III ON 10/12/2017. 10/12/2017 ENTERED AND COPIES E-MAILED.(kp, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MONTGOMERY COUNTY INTERMEDIATE
UNIT NO. 23
C.M., et al.
AND NOW, this 12th day of October, 2017, for the
reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that the motion of plaintiff Montgomery County
Intermediate Unit No. 23 (“MCIU”) for judgment on the
administrative record (Doc. # 12) is GRANTED in part and DENIED
in part as follows:
The decision of the hearing officer is vacated to
the extent that the hearing officer found that MCIU denied C.M.
a free appropriate public education under the Individuals with
Disabilities Education Act, 20 U.S.C. § 1400 et seq., from
November 20, 2015 through June 9, 2016.
C.M. is entitled to an award of compensatory
education of five hours for each day MCIU was in session from
January 5, 2015 through November 19, 2015.
The parties shall
confer promptly and make a good faith effort to agree on the
total calculation of this award and the manner in which the
compensatory education will be provided.
The parties shall
transmit to the court a written status report within 30 days of
The decision of the hearing officer is otherwise
The court retains jurisdiction pending an
agreement of the parties or a decision of this court on the
precise calculation of the award.
BY THE COURT:
/s/ Harvey Bartle III
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