MEMORANDUM AND ORDER
RICHARD A. LLORET, Magistrate Judge.
The parties, parents of minor children and the Pennsylvania Department of Education, have a dispute regarding one of the terms of their settlement agreement. The dispute centers on language in paragraph 1 of a document used as the basis of agreement at an October 18, 2017 settlement conference. I have attached a copy of the document as Exhibit "A" to this Memorandum and Order. The language is as follows:
"Further, should PDE breach this Agreement, Parent shall be permitted to enforce the hearing officer decision and order." Exh. A, ¶ 1, last sentence. Plaintiffs contend that this language was agreed to by the parties, as to H.E., et al v. PDE, et al, 15-3864 and P.D.E. v. H.E., et al., 17-2711, both of which were originally before Judge Beetlestone. In these cases, three IDEA administrative decisions were appealed by plaintiffs, remanded by Judge Beetlestone in H.E., et al v. PDE, et al, 15-3864, decided administratively in favor of plaintiffs on remand, and then appealed again, this time by the Pennsylvania Department of Education, at P.D.E. v. H.E., et al., 17-2711. These cases concerned, among other things, a hearing officer's compensatory education order.
I have reviewed Exhibit A, the parties' letter and email submissions, and the text of the transcript of the settlement conference. I find as a matter of fact that there were two draft agreements shared by counsel on October 18, 2017, one with respect to H.E., et al v. PDE, et al, 15-3864, and P.D.E. v. H.E., et al., 17-2711, and one with respect to R.J., et al. v. Pennsylvania Department of Education, 15-5735, a case that was pending before Judge Padova. I find that the parties did agree to the disputed language, above, with respect to H.E., et al v. PDE, et al, 15-3864, and P.D.E. v. H.E., et al., 17-2711, the cases before Judge Beetlestone. The document was exchanged by email at the time of settlement and formed the basis of the parties' agreement. Transcript, at 8-9. I am convinced that the parents' counsel's explanation of events, contained in his email to all parties and chambers on May 8, 2018 at 5:00 p.m., is an accurate account of the circumstances surrounding the exchange of documents at the time of the settlement conference.
The Department of Education objects to the language, primarily on the basis that disputed language is inconsistent with the agreement of the parties that this court will not retain jurisdiction over the matter after payment of attorney's fees. January 4, ` letter from Mr. Bradford, at 2. I find that the disputed language does not contemplate retention of jurisdiction over this case, at least not in the sense the parties and I were using that phrase during the settlement conference. It is not clear that enforcement of a state hearing officer's order at some point in the future would involve a revival of this action, i.e., retention of jurisdiction. The agreement of the parties does not call for entry of an order with language incorporating the agreement into the order, such that "a breach of the agreement would be a violation of the order, and ancillary jurisdiction to enforce the agreement would therefore exist." Shaffer v. GTE North, Inc., 284 F.3d 500, 503 (3d Cir. 2002) (quoting Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375, 381 (1994)).
The parties shall submit the settlement agreements in these related matters for approval by the court.
EXHIBIT A
Compensatory Education. The Parties agree that the compensatory education may be used by Parent in her sole discretion, so long as: (1) The provider of the services is properly credentialed, licensed, or certified; (2) The use of the compensatory education does not relieve an LEA of its obligation or provide Artquon A.-H. with FAPE; (3) The compensatory education services occur outside of the regular school day; (4) compensatory education services occmTed on or after October 7, 2016 (the date PDE originally infomred Parent of available compensatory education; and (4) The services take the form of appropriate developmental, remedial, or enriching instruction or services that further the goals of Student's current or future IEP's, remediate past denials of FAPE, or overcome the effects of Student's disability.
i. Examples of pennissible uses of compensatory education funds include but are not limited to the following:
Educational or remedial instruction programs, including tutoring, courses, private school, after school programs, summer and winter break programs;
Related services as that term is defined by the IDEA, 20 U.S.C. § 1400 et seq. ("IDEA") and its implementing regulations;
Evaluations and assessments, including, but not limited to, psychoeducational assessments, functional behavior assessments, vocational assessments, related services assessments, transitional assessments, and neuropsychological assessments for which Student's LEA is not responsible and has not already provided[mnblacksml];
Behavioral therapy, training, or education provided by Board Certified Behavior Analysts ("BCBA") or Board Cetiified Assistant Behavior Analysts ("BCABA") or providers under the authority and supervision of a BCBA or BCABA, such as an Applied Behavior Specialist, or by qualified behavioral specialists, therapeutic support staff, personal care assistants, or licensed or appropriately accredited providers, schools, or programs;
Transition services and planning, as defined by the IDEA, including services that instruct the Student in skills needed for employment, post-secondary education, or independent living, including but not limited to apprenticeships;
Services of appropriately credentialed professional educators to assist in devising StUdent's educational program, and identifying/selecting appropriate assistive technology devices;
Parent training;
Transportation costs to the provider of services for which reimbursement is due under the terms of this paragraph, including but not limited to public transportation and transportation at the then-applicable Commonwealth of Pennsylvania's reimbursement rate when such transportation is provided by the Parent or the Student to travel to and from a provider providing compensatory education services as described herein;
Materials, services, and equipment as. that tennis defined by the IDEA, 20 U.S.C. § 1400 et seq. ("IDEA") and its implementing regulations, that further the goals of Student's current or future IEPs or private school education plans or will assist Student in overcoming the effects of his disabilities, as identified in evaluation report(s) prepared by an appropriately credentialed professional, Student's IEP, or an education plan developed by a private school, including supporting the development of skills in Science, Technology, Engineering, Art, and Math ("STEAM"), improving his social, fine or gross motor, behavioral, adaptive and language skills, or preparing him for employment or independent living;
Private, parent-selected educational placements and equipment or activity fees for nonacademic and extracurricular services and activities as defined by 34 C.F.R. § 300.107(b);
Assistive technology as that tennis defined by the IDEA, 20 U.S.C. § 1400 et seq. ("IDEA") and its implementing regulations, including computers, printers, tablets, and educational software; and
Nonacademic and extracurricular activities designed to assist Student with improving his social skills, his behavior, furthering his transitional programming, or otheiWise overcoming the effects of his disability as related to the provision ofF APE for Student.
ii. The Parties agree that compensatory education services does not include any of the following:
Multiple purchases of computers, printers, tablets;
activities intended for personal emichment;
leisure travel;
living expenses;
food;
clothing;
costs incurred for purposes of entertainment, including but not limited to, attendance at amusement parks, movies, and vacations;
video game systems such as PlayStation and X-Box;
legal services, attorney's fees, or costs;
child care;
respite care.
services for which federal funds may not be used such as religious school tuition
iii. The compensatory education funds will be available to Student for compensatory equcation until he turns twenty-one years of age, or graduates from high school, whichever occurs first at which time any unused compensatory education shall be forfeited.
