RL vs. McKeesport Area School District

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

  1. Did the School District meet its Child Find obligations in a timely manner in identifying Student for Special Education?
  2. Was the Chapter 15 Service Agreement of February 14, 2005 appropriate to meet Student’s needs?
  3. Was the Chapter 15 Service Agreement of February 14, 2005 implemented?
  4. When the Chapter 15 Service Agreement of February 14, 2005 was implemented was Student subject to ridicule?
R-L-McKeesport-Area-ODRNo-5914-05-06-LS

Leave a Reply

Pennsylvania

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

Rate By
SUPER LAWYERS
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.