MP vs. North Hills School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: MP

Date of Birth: xx/xx/xxxx

Dates of Hearing: February 15, 2010 March 5, 2010

CLOSED HEARING

ODR No. 00566-09-10 LS

Parties to the Hearing:

Dr. Rita Neu
North Hills School District 135 Sixth Avenue Pittsburgh, PA 15229

Representative:

Pamela Berger, Esquire 434 Grace Street Pittsburgh, PA 15211

Michael Witherel, Esquire Witherel & Associates 966 Perry Highway Pittsburgh, PA 15237

Date Record Closed: March 11, 2010

Date of Decision: March 24, 2010

Hearing Officer: Cathy A. Skidmore, Esq.

INTRODUCTION AND PROCEDURAL HISTORY

M.P. (hereafter Student)1 is currently a 16 years old student in the North Hills School District (District) who is eligible for special education. The parents filed a complaint for due process seeking a determination that the District failed to provide a free, appropriate public education (FAPE) from the two-year time period prior to the filing of the complaint, i.e. from December 15, 2007, as well as whether the parents were entitled to reimbursement for an independent educational evaluation (IEE) obtained in January 2010. For all of the reasons set forth below, the parents prevail on the issue of compensatory education and the District prevails on the claim for reimbursement for the IEE.

ISSUES

1. Whether Student has been denied a free, appropriate public education (FAPE) for the time period beginning December 15, 2007? If so, is Student entitled to compensatory education?

2. Whether the parents are entitled to reimbursement for an independent educational evaluation (IEE) performed in January 2010?

MP-North-Hills-ODRNo-00566-09-10-LS

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