DC vs. Ms. Joanne Wells Montour School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: DC

Date of Birth: XX-XX-XXXX

Dates of Hearing:
December 7, December 8, December 9, 2009 February 5, February 9, February 18, 2010

CLOSED HEARING

ODR Case # 00211-09-10-KE

Parties to the Hearing: Mr. & Mrs.

Ms. Joanne Wells Montour School District 223 Clever Road
McKees Rocks, PA 15136

Representative:

Arthur Feldman, Esq. 1010 LaClair Avenue Pittsburgh, PA 15218

Jocelyn Kramer, Esq. Law Offices of Ira Weiss 445 Fort Pitt Commons Suite 503
Pittsburgh, PA 15219

Date Record Closed: March 8, 2010

Date of Decision: March 23, 2010

Hearing Officer: Jake McElligott, Esquire

 

INTRODUCTION AND PROCEDURAL HISTORY

“Student” (“student”) is a 6-year old student residing in the Montour 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”)1, specifically as a child on the autism spectrum. Parents filed a complaint in August 2009, alleging that the individualized education plan (“IEP”) proposed for the student failed to offer a free appropriate public education (“FAPE”) to the student for the 2009-2010 school year. Parents requested compensatory education for those school years in addition to an order for the IEP team to consider a private placement. For the reasons set forth below, the student will be awarded compensatory education, and the IEP team will be ordered to consider specific options in its deliberations.

 

ISSUES

Is the student’s IEP proposed for the 2009-2010 school year reasonably calculated to provide a FAPE to the student?

If not, is compensatory education owed to the parents?

Is the student entitled to an IEP design process that considers private placement?

DC-Montour-ODRNo-00211-09-10-KE

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