HB vs. Chartiers Valley School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: H.B.

Date of Birth: [redacted]

Dates of Hearing:

June 8, 2011 June 17, 2011 July 8, 2011 July 20, 2011

OPEN HEARING

ODR Case # 1824-10-11-KE

Parties to the Hearing: Parent[s]

Chartiers Valley School District 2030 Swallow Hill Road Pittsburgh, PA 15220

Representative: Pro Se

R. Russell Lucas, Esq. 3301 McCrady Road Pittsburgh, PA 15235

Date Record Closed: July 20, 2011

Date of Decision: August 1, 2011

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

Student is [a preteenage] student residing in the Chartiers Valley School District (“District”) who has been identified as a student with a disability under the Rehabilitation Act of 1973 (specifically under Section 504 of that statute, hence the follow-on reference to this section as “Section 504”).1 The parties agree that the student qualifies for services under Section 504. The parties disagree over the appropriateness of the implementation of the student’s Section 504 plan in the 2010-2011 school year.

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

ISSUES

Was the student denied a free appropriate public education (“FAPE”) from the alleged inappropriate implementation of the Section 504 plan in the 2010-2011 school year?

Did the District discriminate against the student based on disability from the alleged inappropriate implementation of the Section 504 plan in the 2010-2011 school year?

If the answer to either question is in the affirmative, what remedy is available to the student?

H-B-Chartiers-Valley-ODRNo-1824-10-11-KE

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