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Brownsville Area School District v. Student X

729 A.2d 198 (1999)

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Brownsville Area School District v. Student X

Pennsylvania Commonwealth Court
729 A.2d 198 (1999)

Facts

Student X (defendant) tested in the ninety-fifth percentile for mathematics, reading, and language ability as a kindergarten student in the Brownsville Area School District (district) (plaintiff). Student X’s parents sought an accelerated program for Student X. When Student X was in fifth grade, the district furnished him with an individualized education program (IEP) pursuant to the Individuals with Disabilities Education Act (IDEA) to place Student X into a gifted program. The district failed, however, to individualize the IEP, monitor Student X’s progress under the IEP, or update the IEP. Student X’s parents requested a due-process hearing and alleged that the district had failed to provide Student X with a free appropriate public education (FAPE) as required by the IDEA. The hearing officer agreed with Student X’s parents and ordered the district to provide Student X with nearly 2,000 hours of compensatory instructional hours. The hours were to include instruction beyond that offered by the district, which would require the district to arrange enrollment for Student X in postsecondary schools or to hire individual instructors. An administrative appeals panel upheld the hearing officer’s order, and the district brought suit in the commonwealth court, seeking judicial review.

Rule of Law

Issue

Holding and Reasoning (Colins, J.)

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