Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: L. H.
Date of Birth: [redacted]
June 11, 2015
CLOSED HEARING
ODR Case # 16109-1415AS
Parties to the Hearing: Parent
Riverview School District 701 10th Street
Verona, PA 15147
Representative: Pro Se
Rachel Lozosky, Esquire Peacock Keller
70 East Beau Street Washington, PA 15301
Date Record Closed: June 14, 2015
Date of Decision: July 14, 2015
Hearing Officer: Jake McElligott, Esquire
INTRODUCTION
Student is an elementary school age student residing in the Riverview 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. The student’s father claims that the District has failed in its obligations to the student in how it has handled the student’s transportation, specifically as to its procedures for drop-off at the end of the student’s school day.2 The District counters that, in the transportation arrangements for the student by both design and implementation in the student’s individualized education plan (“IEP”), there has been no denial of a free appropriate public education (“FAPE”).
For the reasons set forth below, I find in favor of the District.
ISSUE
Did the District deny the student FAPE in its handling of the student’s transportation under the terms of the student’s IEP?