ML vs. Fort Cherry School District

Special Education Hearing Officer


Child’sName: ML

Date of Birth: xx/xx/xxxx

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


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


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


(“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.


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


Leave a Reply


Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.