KS vs. Penn Hills School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: K.S.

Date of Birth: [redacted]

Date of Hearing: August 22, 2011

CLOSED HEARING

ODR Case # 2012-10-11-AS

Parties to the Hearing: Parent[s]

Penn Hills School District 260 Aster Street Pittsburgh, PA 15235

Representative: Pro Se

Chelsea Dice, Esq. 787 Pine Valley Drive Pittsburgh, PA 15238

Date Record Closed: August 22, 2011

Date of Decision: September 2, 2011

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

Student is a teen-aged student residing in the Penn Hills School District (“District”) who is a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1. The parties do not dispute that the student qualifies for special education and related services under the IDEA. The parties dispute whether or not the student resides in the District. Particularly, parent claims that the student resides with parent in the District and, as such, the District is responsible for providing the student’s special education programming. The District counters that, when asked to verify proof of residency, the parent did not comply with its policies, and so the student was disenrolled appropriately from the District. Furthermore, parent claims the student was denied a free appropriate public education (“FAPE”) when the student was denied summer programming as the result of being disenrolled from the District in May 2011.

For the reasons set forth below, I find that the parent has failed to provide the required proof of residency and will be allowed to do so under the terms of the order in this decision.

ISSUES

Does the student reside in the School District?

If so, was the student denied a FAPE in the summer of 2011?

K-S-Penn-Hills-ODRNo-2012-10-11-AS

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