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