PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
DECISION
DUE PROCESS HEARING
Name of Child: R L
ODR #5914/05-06 LS
Date of Birth: XX-XX-XXXX
Dates of Hearing: October 26, 2005
CLOSED HEARING
Parties to the Hearing: Parents
McKeesport Area School District 3590 O/Neil Boulevard McKeesport, PA 15132
Representative: Pamela Berger
434 Grace Street Pittsburgh, PA 15211
John Rushford, Esquire
Dodaro, Matta & Cambest P. C. 1001 Ardmore Boulevard, Suite 100
Pittsburgh, PA 15221
Date Record Closed: January 12, 2006
Date of Decision: January 12, 2006
Hearing Officer: Gerald Dambach, Ed. D
BACKGROUND
Student is an xx year old grade 10 student at High School. She is currently diagnosed as Emotionally Disturbed (ED) and placed in an Emotional Support (ES) program. Student is diagnosed with a Major depressive Disorder and an Anxiety Disorder, NOS. She has a history of high absenteeism. A Chapter 15 Service Agreement was implemented on February 14, 2005 and she received a multidisciplinary evaluation on September 8, 2005. The MDE found that she was eligible for Special Education as an ED student.
This hearing was requested by the parent. The focuses of this hearing deal the IDEA Child Find component and also with the Chapter 15 Service Agreement. The parent alleges that the district was not timely in its effort to identify Student as a student in need of Special Education programs and services. The parent also alleges that the Chapter 15 Service Agreement was not appropriate, not implemented and when implemented subjected Student to ridicule. The parent is seeking two years of compensatory education as a remedy.
After discussion with both parties it was determined by this Hearing Officer to limit testimony to prospective issues and not the current IEP developed on October 6, 2005.
ISSUES
- Did the School District meet its Child Find obligations in a timely manner in identifying Student for Special Education?
- Was the Chapter 15 Service Agreement of February 14, 2005 appropriate to meet Student’s needs?
- Was the Chapter 15 Service Agreement of February 14, 2005 implemented?
- When the Chapter 15 Service Agreement of February 14, 2005 was implemented was Student subject to ridicule?