HF vs. Pittsburgh School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: H.F.

Date of Birth: [redacted]

Date of Hearing:
May 10, 2012

CLOSED HEARING

ODR Case # 3035-1112KE

Parties to the Hearing: Parent

Pittsburgh School District 341 South Bellefield Avenue Pittsburgh, PA 15213

Representative: Pro Se

Jocelyn P. Kramer, Esquire Law Offices of Ira Weiss
445 Fort Pitt Blvd., Suite 503 Pittsburgh, PA 15219

Date Record Closed: May 15, 2012

Date of Decision: June 7, 2012

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

Student1 is a [late teen-age] student residing in the Pittsburgh 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”) and Pennsylvania special education regulations (“Chapter 14”).2 Specifically, the student has been identified with an emotional disturbance.

Parent asserts that the student was denied a free appropriate public education (“FAPE”), due to the District’s failure to meet its obligations under IDEIA and Chapter 14 to provide special education and related services for a specific time period during the 2011-12 school year when the student was excluded from school.

The District counters that the exclusion was based upon miscommunications, was unintentional, and did not constitute a change of placement for the student resulting in a denial of FAPE.

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

ISSUES

Did the District fail to provide the student with a FAPE, as required by IDEIA, for a time period during the 2011-12 school year?

If so, is the student entitled to compensatory education?

H-F-Pittsburgh-ODRNo-3035-1112KE

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