KK vs. Pittsburgh Public Schools

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: K.K.

Date of Birth: [redacted]

Dates of Hearing:

April 23, 2012 April 24, 2012 April 26, 2012 April 27, 2012 June 12, 2012

OPEN HEARING

ODR Case # 2573-1112KE

Parties to the Hearing: Parents

Pittsburgh Public Schools 341 S. Bellefield Avenue Pittsburgh, PA 15213-3516

Representative:

Jeffrey Ruder, Esq. 710 Fifth Avenue Suite 2600 Pittsburgh, PA 15219

Aimee Zundel, Esq. 445 Fort Pitt Boulevard Suite 503
Pittsburgh, PA 15219

Date Record Closed: July 16, 2012

Date of Decision: August 7, 2012

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

[Student] (hereinafter “student”) is a [redacted]-year old student who resided in the Pittsburgh School District (“District”) in the 2009- 2010 school year when the student was identified as a student with a disability under the applicable provisions of Section 504 of the Rehabilitation Act of 1973 (“Section 504”).1

Parents seek a finding that the District discriminated against the student with deliberate indifference in various acts and omissions regarding servicing the student with a Section 504 plan and seek compensatory education as a result of the alleged discrimination. The District counters that it met its obligations to the student under the provisions of Section 504.

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

ISSUES

Did the District engage in discrimination in its treatment of the student
in the 2009-2010 school year?

If so, is compensatory education owed to the student and in what amount?

K-K-Pittsburgh-Public-ODRNo-2573-1112KE

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