DH vs. KISKI AREA SCHOOL DISTRICT

HEARING OFFICER DECISION/ORDER

CHILD’S NAME: D. H.
KISKI AREA SCHOOL DISTRICT (FILE 5701/05-06 LS)

Date of Birth: xx/xx/xx
Type of Hearing: CLOSED
Dates of Hearing: August 24, 2005; September 2, 2005;
September 14, 2005; September 21, 2005; October 5, 2005; October 7, 2005

I. PARTIES TO THE HEARING

PARENTS:

PARENT REPRESENTATIVE:

PAMELA BERGER, ESQUIRE 312 BLVD. OF THE ALLIES SUITE 600
PITTSBURGH, PA 15222

DISTRICT CONTACT:

KISKI AREA SCHOOL DISTRICT 200 POPLAR STREET VANDERGRIFT PA 15690-1466

DISTRICT REPRESENTATIVE:

CHRISTINA LANE, ESQUIRE ANDREWS & PRICE
1500 ARDMORE BLVD., SUITE 506

PITTSBURGH, PA 15221

DATE TRANSCRIPT RECEIVED:

October 13, 2005

HEARING OFFICER:

Dorothy J. O’Shea, Ph.D.

Signature: Hearing Officer

October 18, 2005

Date of Decision/Order

Student
KISKI AREA SCHOOL DISTRICT (FILE 5701/05-06 LS)

II. BACKGROUND INFORMATION

Student, a resident of the Kiski Area School District (i.e., the District), was born xx/xx/xx. Student, a fifth grader during the 2005-2006 school year, is an eligible student under 22 Pennsylvania Code at Chapter 14. On November 30, 2004, the District added an Addendum to Student’s evaluation report finding that Student’s eligibility falls under the “Other Health Impairment” (OHI) category on the basis of Student’s Attention Deficit Hyperactivity Disorder (ADHD) and a Motor Tic Disorder, associated with a Tourette’s Syndrome diagnosis. Student’s Parent requested due process by letter dated July 20, 2005 (Hearing Officer Exhibit 2: HO 2; School District 8: SD 8).

IV. ISSUES

The parties agreed to the hearing issues on the record (NT 19-20). The agreed upon hearing issues were based on the following questions:

  •   Did the District fulfill its “Child Find’ obligations as required by the Individuals With Disabilities Education Act?
  •   Are Student’s IEPs appropriate?
  •   Did the District provide sufficient notice to the Parent of an IEP meeting scheduled for June 13, 2005?
  •   Should Student have been provided with ESY during the Summer 2005?
  •   Was Student offered a Free Appropriate Public Education in his least restrictive environment as of the 2003-2004 school year?
  •   Is Student entitled to compensatory education as of the first day of the 2003-2004 school year?

 

D-H-KISKI-AREA-SCHOOL-DISTRICT-ODRNo-5701-05-06-LS

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