Special Education Hearing Officer
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
ODR Case # 00014-09-10-LS
Parties to the Hearing:
Mr. David Johnston
Woodland Hills School District 2430 Greensburg Pike Pittsburgh, PA 15221
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.
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?