CO vs. South Park School District

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.

Pennsylvania
Special Education Hearing Officer

FINAL DECISION AND ORDER

StudentÓs Name: C.O.

Date of Birth: [redacted]

ODR No. 18020-1617AS

CLOSED HEARING

Parties to the Hearing:

Parent[s]

South Park School District 2001 Eagle Pride Lane South Park, PA 15129

Representative:

Pro se

Andrew F. Evankovich, Esq. Andrews & Price, LLC
1500 Ardmore Boulevard Suite 506

Pittsburgh, PA 15221

Date of Hearing: September 26, 2016

Date of Decision: October 10, 2016

Hearing Officer: Brian Jason Ford, JD, CHO

Introduction

The South Park School District (District) proposes to move a student with disabilities (Student) from an educational placement located in its middle school to an approved private school for children with disabilities. The Student’s parents (Parents) oppose this change. After negotiations failed, the District requested this hearing, pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. The District seeks an order permitting it to move the Student without the Parents’ consent.1

For reasons discussed below, I find in favor of the District.

Issue

May the District move the Student to a more restrictive setting, without parental consent, in order for the Student to obtain a free appropriate public education (FAPE)?

C-O-South-Park-ODRNo-18020-1617AS

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