This is a redacted version of the original decision. Select details have been removed from the decision to preserve anonymity of the student. The redactions do not affect the substance of the document.
Special Education Hearing Officer
Child’s Name: C.G.
Date of Birth: [redacted]
Date of Hearing: May 9, 2012
ODR Case # 2923-1112AS
Parties to the Hearing:
Greater Johnstown School District 1091 Broad Street
Johnstown, PA 15906-2437
John J. Kuzmiak, Esquire 442 Main Street Johnstown, PA 15901
Date Record Closed: May 9, 2012
Date of Decision: May 29, 2012
Hearing Officer: Jake McElligott, Esquire
INTRODUCTION AND PROCEDURAL HISTORY
Student is an [elementary school-aged] student residing in the Greater Johnstown School District (“District”) who has been identified as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”) and Pennsylvania special education regulations (“Chapter 14”).1 Specifically, the student has been identified as a student with specific learning disabilities in reading and mathematics and a health impairment, namely attention deficit hyperactivity disorder (“ADHD”).
Parents assert that the student’s educational placement was unilaterally changed by the District after parent initiated a previous round of special education due process in November 2011, in violation of the “stay-put” provisions of the IDEIA and Chapter 14.2
For the reasons set forth below, I find in favor of parents.
Did the District violate the student’s stay-put protections, triggered by the parents filing of a complaint
in November 2011?