IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Connor J., through his parents, Kevin J. and Katherine J.
Plaintiffs, CIVIL ACTION
v. NO. 21-4495 KENNETT CONSOLIDATED SCHOOL DISTRICT
Defendant.
ORDER
AND NOW, this 1st day of February 2023, upon consideration of the Parties’ Cross- Motions for Judgment on the Administrative Record (ECF 13, 14), the Parties’ Responses (ECF 15, 16), and after a careful review of the underlying record and the Hearing Officer’s Final Decision and Order (ECF 3-3), it is hereby ORDERED that Defendant’s Motion is GRANTED IN PART and DENIED IN PART and that Plaintiffs’ Motion is GRANTED IN PART and DENIED IN PART as follows:
1. To the extent Plaintiffs argue the District denied Connor a FAPE from
September of 2017 through February of 2019, Plaintiffs’ Motion is DENIED.
Defendant’s Motion is GRANTED and judgment is ENTERED in favor of
the Defendant on claims relating to this period.
2. To the extent Plaintiffs challenge the Hearing Officer’s finding that Connor
was not denied a FAPE from February of 2019 to January of 2020, Plaintiffs’
Motion is DENIED. The Hearing Officer’s decision is AFFIRMED,
Defendant’s Motion is GRANTED and judgment is ENTERED in favor of
the Defendant on claims relating to this period. 2 3. To the extent Plaintiffs challenge the Hearing Officer’s finding that the District did not deny Connor a FAPE from January of 2020 through March of 2020, Plaintiffs’ Motion is DENIED. The Hearing Officer’s decision is AFFIRMED, Defendant’s Motion is GRANTED and judgment is ENTERED in favor of the Defendant on claims relating to this period. 4. To the extent Defendant argues the District did not deny Connor a FAPE from March 2020 through June 2020 and seeks to vacate the Hearing Officer’s award of compensatory education for this time period, Defendant’s Motion is DENIED. The Hearing Officer’s decision is AFFIRMED, Plaintiffs’ Motion is GRANTED and judgment is ENTERED in favor of the Plaintiffs on claims relating to this period. 5. To the extent Plaintiffs challenge the Hearing Officer’s calculation and award of compensatory education for the period from May of 2020 to November of 2020, Plaintiff’s Motion is DENIED. The Hearing Officer’s decision is AFFIRMED, Defendant’s Motion is GRANTED and judgment is ENTERED in favor of the Defendant on claims relating to this period. 6. Plaintiffs may file a petition for attorneys’ fees and costs on or before March 2, 2023. Defendant may file a response on or before March 16, 2023.
BY THE COURT:
/s/ Gerald J. Pappert
3
GERALD J. PAPPERT, J