Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: L. T.
Date of Birth: [Redacted]
Dates of Hearing:
May 21, 2013 August 5, 2013 August 8, 2013 August 13, 2013 September 9, 2013
CLOSED HEARING
ODR Case #13518-1213AS
Parties to the Hearing: Parent[s]
Bentworth School District 150 Bearcat Drive Bentleyville, PA 15314
Representative:
Jonathan Steele, Esquire
428 Forbes Avenue / Suite 900 Pittsburgh, PA 15219
Aimee Zundel, Esquire 445 Fort Pitt Boulevard Suite 503
Pittsburgh, PA 15219
Date Record Closed: October 14, 2013
Date of Decision: October 29, 2013
Hearing Officer: Jake McElligott, Esquire
INTRODUCTION AND PROCEDURAL HISTORY
Student is an elementary school age student residing in the Bentworth School District (“District”). The parties do not dispute the fact that the student qualifies under the terms of the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEA”)1 for emotional disturbance and other health impairment.
Parents assert the student was denied a free appropriate public education (“FAPE”) under the terms of IDEA due to the District’s alleged failures to evaluate and identify the student’s needs and in failing to propose individualized education programs (“IEPs”) to be delivered in the least restrictive environment (“LRE”). Additionally, parents claim that the District has violated its obligations to the student under Section 504 of the Rehabilitation Act of 1973 (“Section 504”).2
As a result of these claims, parents claim that compensatory education should be awarded for a period from February 13, 2011 through the end of the 2011-2012 school year when the student dis- enrolled from the District.
The District counters that, at all times, it met its obligations under the IDEA and Section 504, and provided the student with FAPE.
For the reasons set forth below, I find in favor of the parents on the denial of FAPE issue and in favor of the District as to allegations that the student was discriminated-against in violation of Section 504.
ISSUES
Was the student provided with FAPE from February 13, 2011
through the end of the 2010-2011school year?
Was the student provided with FAPE for the 2011-2012 school year?
Did the District discriminate against the student based on the student’s disability?
If the answer to any
of the foregoing question(s) is/are in the affirmative, what remedy is available to the student?