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