SM vs. Southmoreland School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: S.M.

Date of Birth: [redacted]
Date of Hearing: May 31, 2011

CLOSED HEARING

ODR No. 1608-1011KE

Parties to the Hearing: Parent[s]

Southmoreland School District 609 Parker Avenue
Scottdale, PA 15683

Representative: Pro Se

David G. Petonic, Esquire 314 C Porter Avenue Scottdale, PA 15683

Date Record Closed: June 7, 2011

Date of Decision: June 18, 2011

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

INTRODUCTION AND PROCEDURAL HISTORY

Student1 is an elementary-school-aged student in the Southmoreland School District (hereafter District) who is eligible for special education under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1401 et seq. Student’s Parent filed a complaint against the District asserting that it denied Student an appropriate education during the 2010-11 school year. A hearing convened over one session, at which both parties presented evidence in support of their respective positions.

For the reasons which follow, I find no basis on which to award relief under the IDEA. Nevertheless, there is evidence in the record of this case which may provide guidance for the parties in developing future programming for Student, particularly for the 2011-12 school year.

ISSUES

Whether the District denied Student an appropriate educational program during the 2010-11 school year?2

S-M-Southmoreland-ODRNo-1608-1011KE

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