Opinion
Civil Action No. 05-3380.
September 20, 2005
ORDER
Upon consideration of the motion of plaintiffs for a preliminary remand to the Pennsylvania Administrative Process and the response thereto, said motion is GRANTED. It is hereby ORDERED that the decision of the state administrative process limiting consideration of an award of compensatory education to no more than one year is reversed. This matter is remanded to the state administrative process which shall accept and consider all relevant and necessary evidence on the issue of compensatory education without limitation of a one-year period, subject only to the rules of evidence which otherwise apply at Pennsylvania special education due process proceedings, and make a determination of the compensatory education due to the plaintiff disabled child under such evidence. I agree with and adopt the reasoning of my colleague, Judge Padova, in Amanda v. Coatesville Area Sch. Dist., No. 04-4184, 2005 WL 426090 (E.D. Pa. Feb 23, 2005).
Defendant's motion to dismiss/motion in limine is DENIED.
The Clerk of Court shall CLOSE this case statistically.