Pocono Mountain School District v. T.D., a minor et al

Filing 86

ORDER : IT IS HEREBY ORDERED THAT:1.The Districts Objections (Doc. 78) are SUSTAINED IN PART AND OVERRULED IN PART for the reasons set forth in the accompanying memorandum opinion. 2.The R&R (Doc. 74) is ADOPTED IN PART AND OVERRULED IN PART for th e reasons set forth therein as well as those set forth in the accompanying memorandum opinion, as set forth in paragraphs 3 and 4 below. 3.T.D.s Motion for Judgment on the Administrative Record (Doc. 54) is GRANTED IN PART AND DENIED IN PART as follo ws:a.For the reasons set forth in the accompanying memorandum opinion, T.D.s motion is GRANTED AS MODIFIED, such that the administrative hearing officers findings that (1) T.D. is disabled under Section 504 of the Rehabilitation Act of 1973, 20 U.S.C . § 794 (Section 504) and was denied a free and appropriate public education (FAPE) and (2) T.D. was entitled to compensatory education per school day for a period of 26 school days are AFFIRMED.b.For the reasons set forth in the accompanying me morandum opinion, T.D.s motion is GRANTED with respect to its request that this Court overturn the hearing officers finding that T.D. was not disabled under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. The h earing officers conclusion that T.D. is not disabled under IDEA is T.D.s VACATED.c.For the reasons set forth in the accompanying memorandum opinion, T.D.s motion is GRANTED AS MODIFIED, such that the administrative hearing officers award of tuition reimbursement for the 2013-14 and 2014-15 school years is AFFIRMED on the basis of statutory provisions under IDEA, rather than on the basis of a deliberate indifference finding under Section 504.d.For the reasons set forth in the R&R and this Courts accompanying memorandum opinion, T.D.s motion is DENIED in all other respects.4.The Districts Motion for Judgment on the Administrative Record, or in the Alternative, for Summary Judgment (Doc. 42) is GRANTED IN PART AND DENIED IN PART as follows:a. For the reasons set forth in the accompanying memorandum opinion, the Districts motion is GRANTED with respect to its request that this Court vacate the hearing officers finding that the District acted with deliberate indifference under Section 504. The hearing officers conclusion that the District acted with deliberate indifference towards T.D. under Section 504 is VACATED. b.For the reasons set forth in the R&R and this Courts accompanying memorandum opinion, the Districts motion is DENIED in all other respects.5.The Clerk of Court is directed to CLOSE this case. Signed by Honorable Robert D. Mariani on 7/20/18. (jam)