MC vs. ALLEGHENY INTERMEDIATE UNIT

HEARING OFFICER DECISION/ORDER

CHILD’S NAME: M.C.

ALLEGHENY INTERMEDIATE UNIT-EARLY INTERVENTION PROGRAM

(ODR FILE NO. 6985/06-07 LS)

Date of Birth: xx/xx/xx

Type of Hearing: Open

Dates of Hearing: November 9, 2006; November 16, 2006; December 12, 2006; December 14, 2006

I. PARTIES TO THE HEARING

PARENTS:

DATE TRANSCRIPT RECEIVED:

December 18, 2006

PARENTS’ REPRESENTATIVE:

Jeffrey Ruder, Esquire 1717 Murray Avenue Suite 101 Pittsburgh, PA 15217

DISTRICT CONTACT:

Dr. Susan Sams Allegheny IU/EI Program 475 East Waterford Drive Homestead, PA 15120

DISTRICT REPRESENTATIVE:

Christina Lane, Esquire Andrews & Price 1500 Ardmore Blvd. Suite 506 Pittsburgh, PA 15221

HEARING OFFICER: Dorothy J. O’Shea, Ph.D.

___________________________

Signature: Hearing Officer

December 22, 2006

Date of Decision/Order

HEARING OFFICER DECISION/ORDER

CHILD’S NAME: Student

ALLEGHENY INTERMEDIATE UNIT-EARLY INTERVENTION PROGRAM

(ODR FILE NO. 6985/06-07 LS)

II. BACKGROUND INFORMATION

During the 2006-2007 school year, Student was a three year old, eligible student, diagnosed with cerebral palsy. Student’s Parents made a due process hearing request, alleging that the Allegheny Intermediate Unit’s services proposed in Student’s November 1, 2006 Individualized Education Program (IEP) were insufficient and inappropriate to implement Student’s IEP goals. Through his April 28, 2006 Individualized Family Service Plan (IFSP), Student had received Conductive Education. His Parents contended that because Student’s November 1, 2006 proposed IEP did not include Conductive Education as a related service, Student has been denied a free and appropriate public education. Student’s Parents requested that the Allegheny Intermediate Unit amend Student’s IEP to include Conductive Education at the same level provided through his previous IFSP.

IV. ISSUE
The parties agreed to the hearing issue on the record (NT 24):
“Is the Allegheny Intermediate Unit required to provide Conductive Education as a related service to ensure Student’s free and appropriate public education?”

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