JG vs. Peters Township School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: J. G.

Date of Birth: [redacted]

Dates of Hearing:

September 23, 2014 October 1, 2014 November 21, 2014

OPEN HEARING

ODR Case # 15168-1314KE

Parties to the Hearing: Parent[s]

Peters Township School District 631 East McMurray Road McMurray, PA 15317

Representative:

Charles Steele, Esquire
428 Forbes Avenue / Suite 700 Pittsburgh, PA 15219

Jocelyn Kramer, Esquire
445 Fort Pitt Boulevard / Suite 503 Pittsburgh, PA 15219

Date Record Closed: January 20, 2015

Date of Decision: January 30, 2015

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION

Student1 is an early elementary school age student who formerly resided in the Peters Township School District (“District”). Over the course of the 2013-2014 school year, the parties dispute the appropriateness of the educational programming for the student as a student with a disability under the terms of the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”) and Pennsylvania special education regulations (“Chapter 14”).2 Parent3 claims that the student was denied a free appropriate public education (“FAPE”) and seeks compensatory education as a remedy, as well as reimbursement for transportation related to the student’s attendance at an after-care program.

The District counters that, at all times, it met its obligations to the student under IDEIA/Chapter 14. Consequently, the District claims that no remedy is owed.

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

ISSUES

Did the District provide FAPE to the student under its IDEIA obligations in the 2013-2014 school year?

If not,
is compensatory education owed to the student?

Should the parent be reimbursed for transportation?

J-G-Peters-Township-ODRNo-15168-1314KE

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