Student vs. Central Greene School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: Student

Date of Birth: xx/xx/xx

Date of Hearing: July 31, 2009

CLOSED HEARING
ODR Case # 9878-08-09-AS

Parties to the Hearing:

Central Greene School District P.O. Box 472
Waynesburg, PA 15370

Representative:

Ronald Amrhein, Esq.
Jones, Gregg, Creehan & Gerace 411 Seventh Avenue/Suite 1200 Pittsburgh, PA 15219

John Rushford, Esquire Dodaro, Matta & Cambest 1001 Ardmore Boulevard Suite 100

Pittsburgh, PA 15221

Date Record Closed: August 31, 2009

Date of Decision: September 14, 2009

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

Student (“student”) is a pre-teen aged student residing in the Central Greene School District (“District”) who has been identified as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1. The parents requested compensatory education and reimbursement of privately funded related services due to an alleged failure to provide a free appropriate public education (”FAPE”). Specifically, parents allege that the District inappropriately changed the student’s placement and exacerbated student’s classroom behavior by allowing the student to have milk and/or soy products to which the student is allergic. The District maintains that it provided a FAPE to student at all times and accommodated the milk and soy allergies as far as it had been provided accurate information by parents.

ISSUE

Are parents entitled to compensation and/or other remedies as the result of an alleged denial of a FAPE to the student?

Student-Central-Greene-ODRNo-9878-08-09-AS

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