CH vs. Central Dauphin School District

This is a redacted version of the original hearing officer decision. Select details have been
removed from the decision to preserve anonymity of the student as required by IDEA 2004.
Those portions of the decision which pertain to the student’s gifted education have been
removed in accordance with 22 Pa. Code § 16.63 regarding closed hearings.

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: C.H.

Date of Birth: [redacted]

ODR No. 15342-14-15-AS

CLOSED HEARING

Parties to the Hearing:

Parent[s]

Central Dauphin School District 600 Rutherford Road Harrisburg, PA 17109-5227

Representative:

Pro Se

Christopher J. Conrad, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011

Dates of Hearing: September 22, 2014

Record Closed: September 22, 2014

Date of Decision: October 7, 2014

Hearing Officer: William F. Culleton, Jr., Esquire, CHO

INTRODUCTION AND PROCEDURAL HISTORY

The student in this matter (Student)1 is a child living within the respondent District who attends a District high school. (NT 8.) Student is identified as a child with a disability pursuant to section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 (section 504) and Chapter 15 of the Pennsylvania Code, the state regulations implementing section 5042. Student’s parent (Parent) asserts that the District discriminated against Student on the basis of disability, specifically by refusing to allow Student to [participate in an activity] on account of Student’s [medical condition].

The hearing was completed in one session. I find that the District did not deny Student’s request to [participate in an activity] because of Student’s disability3. Thus, I conclude that the District’s actions were not disability discrimination and did not violate section 504 or Chapter 15. Therefore, I deny the request for relief.4

 

ISSUES

  1. Did the District discriminate against Student on the basis of Student’s disability, contrary to section 504 and Chapter 15, by refusing Student’s request to [participate in an activity]?
  2. Should the hearing officer order the District to remedy any such discrimination?

 

C-H-Central-Dauphin-ODRNo-15342-14-15-AS

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