DS vs. Central Greene School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION Child’s Name: D.S.

Date of Birth: [redacted]

Dates of Hearing: August 29, 2011 October 7, 2011

CLOSED HEARING

ODR File No. 2076-1112KE

Parties to the Hearing:

Parent[s]

Central Greene School District 250 S. Cumberland Street Waynesburg, PA 15370

Representative:

Pamela E. Berger, Esquire 434 Grace Street Pittsburgh, PA 15211

Linda Varrenti Hernandez, Esquire Dickie, McCamey & Chilcote, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222

Date Record Closed: October 24, 2011

Date of Decision: November 8, 2011

Hearing Officer: Cathy A. Skidmore, M.Ed., J.D.

 

INTRODUCTION AND PROCEDURAL HISTORY

Student1 is a middle school-aged student in the Central Greene School District (District) who is eligible for special education pursuant to the Individuals with Disabilities Education Act (IDEA)2 on the basis of other health impairment. Student’s Parents filed a due process complaint against the District in July 2011, asserting that the proposed placement for the 2011-12 school year was inappropriate under the IDEA and Chapter 14 of the Pennsylvania regulations implementing the IDEA. The Parents subsequently clarified that the remedy they sought was continuation of a private placement at public expense for the 2011-12 school year.3

The case proceeded to a due process hearing convening over two sessions, at which the parties presented evidence in support of their respective positions. For the reasons which follow, I conclude that the Student may be returned to the District pursuant to a plan of gradual transition which permits evaluation of and, if necessary, adjustment to that transition process.

ISSUE

Whether the program and placement proposed by the District for the 2011-12 is appropriate for Student, including whether that placement is the least restrictive environment for Student?

D-S-Central-Greene-ODRNo-2076-1112KE

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