Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: NG
Date of Birth: XX-XX-XXXX
Date of Hearing: September 28, 2009
CLOSED HEARING
ODR Case # 00082-09-10-KE
Parties to the Hearing: Mr. & Mrs.
Mr. Mark Draskovich
Director of Pupil Services East Allegheny School District 1150 Jacks Run Road
North Versailles, PA 15137
Representative: Pro Se
Andrew Evankovich, Esq. Andrews & Price
1500 Ardmore Boulevard Suite 500
Pittsburgh, PA 15221
Date Record Closed: October 12, 2009
Date of Decision: October 27, 2009
Hearing Officer: Jake McElligott, Esquire
INTRODUCTION AND PROCEDURAL HISTORY
“Student” (“student”) is a 14-year old student residing in the East Allegheny School District (“District”) who, parents claim, should have been identified as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1. The parents have requested a specific placement order and compensatory education due to an alleged failure to provide a free appropriate public education (”FAPE”). Specifically, parents allege that the out-of-district placement for the student is inappropriate and that the District has committed procedural and substantive violations of IDEIA. The District maintains that the student’s placement has been appropriate and that it has acted appropriately at all times towards the student in the design and implementation of the student’s special education programming.
ISSUES
Has the District met its procedural obligations under IDEIA?
Has the District met its substantive obligations under IDEIA?
NG-East-Allegheny-ODRNo-00082-09-10-KE