MS vs. Woodland Hills School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: MS

Date of Birth: XX-XX-XXXX

Dates of Hearing:
September 4, October 28, November 11, November 13, & December 2, 2009 January 8, 2010

CLOSED HEARING

ODR Case # 00014-09-10-LS

Parties to the Hearing:

Mr. David Johnston
Woodland Hills School District 2430 Greensburg Pike Pittsburgh, PA 15221

Representative:

Arthur Feldman, Esq. 1010 LaClair Avenue Pittsburgh, PA 15218

Barbara Graham, Esq. Rachel Lozosky, Esq. 70 East Beau Street Washington, PA 15301

Date Record Closed: February 8, 2010

Date of Decision: February 23, 2010

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

“Student” (“student”) is a 6-year old student residing in the Woodland Hills School District (“District”) who has been identified as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1, specifically as a child on the autism spectrum. Parents filed a complaint in July 2009, alleging that the individualized education plan (“IEP”) proposed for the student failed to provide a free appropriate public education (“FAPE”) to the student for the 2008-2009 and 2009-2010 school years. Parents requested compensatory education for those school years in addition to a hearing officer order for a private placement at a specific private school. For the reasons set forth below, the District will prevail on all of parents’ claims.

ISSUES

Are the student’s IEPs proposed for the 2008-2009 and 2009-2010 school years reasonably calculated to provide a FAPE to the student?

If not, is compensatory education owed to the parents?

If not, is the student entitled to a due process order for a private placement at a specific private school?

MS-Woodland-Hills-School-ODRNo-00014-09-10-LS

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