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DecisionRemandedNo. 3:17-cv-02380 (M.D. Pa. 2019)

Matthew B. v. Pleasant Valley School District

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

MATTHEW B., by and through his parents, Plaintiffs, : V. : 3:17-CV-2380 (JUDGE MARIANI) PLEASANT VALLEY SCHOOL DISTRICT,

Defendant.

ORDER

AND NOW, THIS =fDAY OF OCTOBER 2019, for the reasons set forth (

in the accompanying Memorandum Opinion, IT IS HEREBY ORDERED THAT:

1. Defendant’s Motion for Summary Judgment or for Judgment on the Administrative

Record (Doc. 33) is DENIED;

2. Plaintiffs’ Motion for Judgment on the Administrative Record (Doc. 30) is GRANTED

as provided in paragraphs 3, 4 and 5 hereof;

3. The Hearing Officer's decision with respect to the denial of a free appropriate public

education is AFFIRMED;

4. The Hearing Officer's decision with respect to compensatory education Is

REVERSED;

5. This case is REMANDED to the Hearing Officer for further proceedings consistent

with the Court's opinion;

“§ang t e,

yoy 6. All proceedings undertaken with the Hearing Officer, together with the Hearing

Officer's determination of an appropriate remedy, shall be completed within 90 days of

this Order;

7. Either party may seek review of the Hearing Officer's decision by motion to this Court

within 90 days of the Hearing Officer's ruling:

8. The Court RESERVES judgment on the issue of Plaintiffs’ counsel's attorneys’ fees

subject to a proper petition of attorneys’ fees following the Hearing Officer's decision

at the conclusion of this case.

WILLY ae Rébert D. Mariart United States District Judge