JH vs. Pittsburgh School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
EXPEDITED DUE PROCESS HEARING

Name of Child: J.H.
ODR #3068/11-12-KE
Date of Birth:

[Redacted]

Date of Hearing: April 30, 2012

CLOSED HEARING

Parties to the Hearing: Parent

Pittsburgh School District 341 S. Bellefield Avenue Pittsburgh, PA 15213

Representative: Pro Se

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

Date Transcript Received: May 3, 2012

Date of Decision: May 6, 2012

Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official

Background

Student1 is an elementary-school-age District resident with a genetic disorder who is eligible for special education pursuant to the Individuals with Disabilities Education Act [IDEA]2 under the classification of Intellectual Disability3, and consequently a protected handicapped individual under Section 504 of the Rehabilitation Act of 1973 [Section 504],4 as well as the federal and state regulations implementing those statutes. Student’s eligibility for special education includes Extended School Year [ESY] programming.

The current matter concerns an expedited due process request from the Parent addressing the question of whether her child’s attendance at the summer camp that had been District- funded as the ESY program the previous two years should again be provided for summer 2012, which is her preference. The Parent alleges that the ESY program now being offered by the District is inappropriate and cannot meet Student’s individual needs. The District maintains that the ESY program it is now offering is appropriate and necessary given Student’s current instructional needs and that the program preferred by the Parent is not appropriate for Student at this time.

Issue

Is the ESY program being offered to Student by the District appropriate?

J-H-Pittsburgh-ODRNo-3068-11-12-KE

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