This is a redacted version of the original hearing officer decision. Select details may have been removed
from the decision to preserve anonymity of the student. The redactions do not affect the substance of
HEARING OFFICER DECISION/ORDER:
IN RE: AV, FILE 8096/07-08 LS NORTH ALLEGHENY SCHOOL DISTRICT
Type of Hearing: Closed
Dates of Hearing: 11/20/07; 12/19/07; 1/4/08; 1/11/08; 1/22/08; 1/28/08; 2/6/08; 2/11/08; 3/17/08; 3/19/08
I. PARTIES TO THE HEARING
Mr. and Mrs.
Charles Jelley, Esquire
Tremba, Jelley, and Whelton, LLC 229 South Maple Avenue, Suite 201 Greensburg, PA 15601 724-838-7600 cjelley@tjwAttorneys.com
North Allegheny School District 500 Cumberland Road Pittsburgh, PA 15237 412-635-4109
Michael Brungo, Esquire Maiello, Brungo, & Maiello 3301 McCrady Road Pittsburgh, PA 15235-5137 412-242-4400 firstname.lastname@example.org
DATE TRANSCRIPT RECEIVED:
Dorothy J. O’Shea, Ph.D.
Signature: Hearing Officer
DATE OF DECISION/ORDER:
II. BACKGROUND INFORMATION
Student is an eligible student, enrolled in the North Allegheny School District (the “District”). In September of 2007, Mr. and Mrs. (“Student’s Parents”) made a due process hearing request, alleging eight claims: denial of Student’s free, appropriate public education (“FAPE”); compensatory education for time of FAPE denial; accrual date of Student’s claim for FAPE denial; exceptions to the Individuals with Disabilities Education Improvement Act (IDEIA) (referred to hereafter as “IDEA”); a Continuing Violations Doctrine; reimbursement for an Independent Educational Evaluation (“IEE”); discrimination; and Extended School Year (“ESY”) services (Narrative Transcript, pages 1-23: NT 1-23).
IV . ISSUES
- Did the District provide Student with a FAPE in the form of an appropriate IEP for his sixth grade (i.e., 2005/2006 school year), his seventh grade (i.e., 2006/2007 school year), and his eighth grade (2007/2008 school year up to October 9, 2007)?
- Is Student entitled to compensatory education for time of denial of FAPE, which may include a period of time prior to 2005/2006 and through October 9, 2007?
- What is the accrual date of Student’s claim for denial of FAPE?
- Do any of the exceptions in the IDEA apply, including, a) specific misrepresentation, and b) failure to provide mandated information?
- Does a Continuing Violation Doctrine apply?
- Is Student eligible for IDEA reimbursement for an IEE?
- Did the District discriminate against Student by denying him a FAPE?
- Did the District provide Student an appropriate ESY during the summer of 2006 and the summer of 2007, and with the possible inclusion of ESY in prior years?