TB vs. North Allegheny School District

Pennsylvania Special Education Hearing Officer

Final Decision and Order


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


[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.


Did the District meet its obligations to provide FAPE to the student?



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