RH vs. Penn Hills School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: R.H.

Date of Birth: [redacted]
Date of Hearing: January 3, 2011

CLOSED HEARING

ODR No. 01878-1011AS

Parties to the Hearing: Parent[s]

Ms. Catherine Guzzo Director of Special Education Penn Hills School District 309 Collins Drive
Pittsburgh, PA 15235

Representative:

Craig Alexander, Esquire
Bruce E. Dice & Associates, P.C. 787 Pine Valley Drive Suite E Pittsburgh, PA 15239

Date Record Closed: January 4, 2011

Date of Decision: January 17, 2011

Hearing Officer: Cathy A. Skidmore, M.Ed., J.D.

INTRODUCTION AND PROCEDURAL HISTORY

Student1 is a teen-aged eligible student in the Penn Hills School District (hereafter District). Student was suspended from school following an incident involving physical fighting. The District thereafter convened a meeting to determine whether Student’s conduct was a manifestation of Student’s disability, and the team concluded it was not.

The District filed a due process complaint seeking a determination that it could change Student’s educational placement to an alternative education setting for a period of 45 days. For the following reasons, I conclude that its determination was proper and find in favor of the District.

ISSUE

Whether Student’s conduct on [date] was a manifestation of Student’s disability; and

If not, may the District place Student in an alternative education setting for a period of 45 days and then proceed with expulsion?

R-H-Penn-Hills-ODRNo-01878-1011AS

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