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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?