Pennsylvania Special Education Hearing Officer
Final Decision and Order
CLOSED HEARING
ODR File Number 19219 16 17
Child’s Name: T.B.
Date of Birth: [redacted]
Dates of Hearing: 7/31/2017, 8/4/2017, 9/5/2017, 9/26/2017, 10/2/2017
Parent: Parent(s) Pro Se
Local Education Agency:
North Allegheny School District, 200 Hillvue Lane Pittsburgh, PA 15237
Counsel for the LEA
Christina Lane, Esquire, 424 S. 27th Street, Suite 210 Pittsburgh, PA 15203
Counsel for the LEA
Hearing Officer: Michael J. McElligott
Date of Decision: 10/31/2017
INTRODUCTION
[The student] (“student”)1 is [a late-pre-teenaged] student who resides in the North Allegheny School District (“District”). The parties agree that the student qualifies under the terms of the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)2 as a student with health impairment. [Redacted.]3
Parent claims that the student was denied a free appropriate public education (“FAPE”) for a period, in effect, from the student’s mid-year enrollment in January 2016 through the remainder of the 2015-2016 school year (4th grade), the 2016-2017 school year (5th grade), and continuing through the current 2017-2018 school year (6th grade). [Redacted.]
The District counters that it timely identified the student’s special education needs and has provided appropriate programming to meet those needs. [Redacted.]
For the reasons set forth below, I find in favor of the District. The order, however, contains provisions for a revision of the student’s identification status under IDEIA and directives to the student’s IEP team. Finally, an award of hours, as discussed between the parties in July 2017, will be made explicit through the order.
ISSUES
Did the District meet its obligations to provide FAPE to the student?
[Redacted.]
T-B-North-Allegheny-ODRNo-19219-16-17