AV vs. North Allegheny School District

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
the document.

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

PARENTS:

Mr. and Mrs.

PARENTS’ REPRESENTATIVE:

Charles Jelley, Esquire
Tremba, Jelley, and Whelton, LLC 229 South Maple Avenue, Suite 201 Greensburg, PA 15601 724-838-7600 cjelley@tjwAttorneys.com

DISTRICT CONTACT:

North Allegheny School District 500 Cumberland Road Pittsburgh, PA 15237 412-635-4109

DISTRICT’S REPRESENTATIVE:

Michael Brungo, Esquire Maiello, Brungo, & Maiello 3301 McCrady Road Pittsburgh, PA 15235-5137 412-242-4400 mlb@mbm-law.net

DATE TRANSCRIPT RECEIVED:

3/23/08

HEARING OFFICER:

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?

 

AV-NORTH-ALLEGHENY-ODRNo-8096-07-08-LS

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.