BH vs. Burgettstown Area 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.

Due Process Hearing

BH (#7600/06-07 AS)
Date of Birth: xx/xx/xx
Date of Hearing: June 6 & 7, July 24, 2007
Closed Hearing

Parties to the Hearing

Mr. and Mrs.

School District

Burgettstown Area

Parent Representative

Pamela E. Berger, Esq.


Barbara A. Rizzo, Esq.

Transcript Completed

July 31, 2007

Date of Decision: August 6, 2007

Hearing Officer: David Y. K. Lee


Student is a xx-years-xx-months old student in the Burgettstown Area School District (hereafter District). Student was evaluated when he was in third grade and subsequently received Speech and Language Support (hereafter S/L). Student was further evaluated at the end of his third grade year due to concerns regarding his academic progress and social adjustment. Learning Support services (hereafter LS) were added to Student’s Individualized Education Plan (hereafter IEP) early in his current 2006-2007 fourth grade year. A Behavior Intervention Plan (hereafter BIP) was implemented in late November, 2006. The parents were not satisfied with Student’s continuing academic and social difficulties and requested a due process hearing.


1. Did the District fail in its Child Find duties? (N.T. 6.)

2. Did Student have an appropriate IEP? (N.T. 9.)

3. Was Student subjected to undue harassment? (N.T. 9)


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