HS vs. Northwestern School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: H.S.

Date of Birth: [redacted]

Date of Hearing: August 28, 2012

CLOSED HEARING

ODR Case # 3413-1213KE

Parties to the Hearing: Parent

Northwestern School District 100 Harthan Way
Albion, PA 16401

Representative: Pro Se

George Joseph, Esq.
Quinn, Buseck, et.al.
7222 W. Grandview Boulevard Erie, PA 16506

Date Record Closed: August 28, 2012

Date of Decision: September 3, 2012

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

[Name redacted] (“student”) is a [teen-aged] student residing in the Northwestern School District (“District”) who is a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1. The parties do not dispute that the student qualifies for special education and related services under the IDEIA. The parties dispute whether or not the student resides in the District. Particularly, parent claims that the student is homeless and that, under the terms of the McKinney-Vento Homeless Assistance Act of 1987 (“McKinney-Vento”)2, the District is responsible for providing the student’s special education programming. The District counters that the Pennsylvania Department of Education (“PDE”) has determined that, under the terms of McKinney-Vento, the student has a fixed, regular, and adequate residence outside of the District and, furthermore, that its investigation subsequent to the determination and prior to the hearing continues to support that conclusion.

For the reasons set forth below, I find that the student does not reside in the District and, therefore, the District is not responsible for the student’s special education programming.

ISSUE

Does the student reside in the District,
such that the District is responsible for the student’s special education programming?

H-S-Northwestern-ODRNo-3413-1213KE

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