RH vs. Penn Hills School District

Special Education Hearing Officer


Child’s Name: R.H.

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


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


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.


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.


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?


Leave a Reply


Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.