T. et al v. Carbondale Area School District

Filing 26

ORDER (memorandum filed previously as separate docket entry), defendants motion for summary judgment/judgment on the administrative record, (Doc. 15), and the plaintiffs cross-motion for judgment on the administrative record, (Doc. 18), are both GRANTED IN PART and DENIED IN PART.The Clerk of Court is directed to mark this case administratively closed. Signed by Honorable Malachy E Mannion on 9/28/17. (bs)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA SHANE T. by and through his parent CATHY K., : : Plaintiffs, CIVIL ACTION NO. 3:16-0964 : v. (JUDGE MANNION) : CARBONDALE AREA SCHOOL DISTRICT, Defendant. : : ORDER In light of the court’s memorandum issued this same day, IT IS HEREBY ORDERED THAT the defendant’s motion for summary judgment/judgment on the administrative record, (Doc. 15), and the plaintiffs’ cross-motion for judgment on the administrative record, (Doc. 18), are both GRANTED IN PART and DENIED IN PART and the February 23, 2016 decision of the administrative hearing officer in Pennsylvania’s Office for Dispute Resolution (“ODR”), (Doc. 8-2), is hereby AFFIRMED IN PART and REVERSED IN PART as follows: (1) The defendant’s motion is GRANTED and the plaintiffs’ motion DENIED to the extent that it seeks reversal of the hearing officer’s decision with respect to Shane’s entitlement to an independent educational evaluation (“IEE”) funded by the defendant; (2) The hearing officer’s denial of an IEE is AFFIRMED; (3) The plaintiffs’ motion is GRANTED and the defendant’s motion DENIED to the extent it seeks reversal of the hearing officer’s decision with respect to Cathy’s entitlement to tuition reimbursement; (4) The hearing officer’s denial of tuition reimbursement is REVERSED; and (5) The plaintiffs’ motion is DENIED to the extent it seeks a judgment ordering the defendant to pay tuition reimbursement and attorneys’ fees and costs and a declaration against the defendant; and (6) The matter is remanded to the administrative hearing officer at the ODR for further proceedings consistent with the court’s opinion. IT IS FURTHER ORDERED THAT the defendant’s request for oral argument regarding its motion, (Doc. 24), is DENIED as moot. The Clerk of Court is directed to mark this case administratively closed. s/ Malachy E. Mannion MALACHY E. MANNION United States District Judge DATED: September 28, 2017 O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-0964-01 Order.wpd 2

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