ML vs. Fort Cherry School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’sName: ML

Date of Birth: xx/xx/xxxx

Dates of Hearing:
September 15, 2008, December 5, 2008, December 12, 2008

CLOSED HEARING

ODR Case # 9184-08-09-KE

Parties to the Hearing:

Dawn Smith
Director of Special Education Fort Cherry School District 110 Fort Cherry Road McDonald, PA 15057

Representative:

Pamela Berger, Esq. 434 Grace Street Pittsburgh, PA 15211

Student Brungo, Esq. Maiello, Brungo & Maiello 1 Churchill Park
3301 McCrady Road Pittsburgh, PA 15235

Date Record Closed: January 14, 2009

Date of Decision: January 29, 2009

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

(“student”) is a 12-year old student residing in the Fort Cherry School District (“District”) who has been identified as a student with a disability under Section 504 of the Rehabilitation Act of 1973 (“Section 504”)1 and Chapter 15 of the Pennsylvania education regulations (“Chapter 15”)2. The student’s parents and the District disagree over the necessity of air conditioning for the student under the terms of the student’s Section 504 plan/Chapter 15 service agreement.

For the reasons set forth below, I find in favor of the parents.

ISSUES

Should air conditioning be provided by the District as an accommodation under the student’s Section 504 plan/Chapter 15 service agreement?

ML-Fort-Cherry-ODRNo-9184-08-09-KE

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