JL vs. Canon-McMillan School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: J.L.

Date of Birth: [redacted]

Dates of Hearing:

May 5, 2014 May 28, 2014 June 18, 2014

CLOSED HEARING

ODR Case # 14488-1314KE

Parties to the Hearing: Parent[s]

Canon-McMillan School District 1 North Jefferson Avenue Canonsburg, PA 15317

Representative:

Christopher Elnicki, Esquire Steele Schneider
428 Forbes Avenue
Suite 700

Pittsburgh, PA 15219

Barbara Graham, Esquire Peacock Keller
70 East Beau Street Washington, PA 15301

Date Record Closed: August 8, 2014

Date of Decision: August 26, 2014

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

The student (“student”) is a [teenaged] student residing in the Canon-McMillan School District (“District”) who has been identified as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEA”)1. The student has been identified under the terms of IDEA as a student with autism. Parent claims that the student has been denied a free appropriate public education (“FAPE”) as required under IDEA and Pennsylvania special education regulations. Specifically, parent alleges various failures in programming for the student’s educational needs, most notably social/emotional issues that interfered with the provision of FAPE to the student, issues which parent alleges were not appropriately addressed by the District.2

The District counters that, at all times, it met its obligations to the student in providing FAPE. More specifically, its position is that, to the extent the student exhibited social/emotional needs, those needs did not manifest themselves in the educational environment.

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

ISSUES

Did the District deny the student FAPE
over the period from November 2011 through June 2012?

If so, is parent entitled to remedy?

J-L-Canon-McMillan-ODRNo-14488-1314KE

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