Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: J. G.
Date of Birth: [redacted]
Dates of Hearing:
September 23, 2014 October 1, 2014 November 21, 2014
OPEN HEARING
ODR Case # 15168-1314KE
Parties to the Hearing: Parent[s]
Peters Township School District 631 East McMurray Road McMurray, PA 15317
Representative:
Charles Steele, Esquire
428 Forbes Avenue / Suite 700 Pittsburgh, PA 15219
Jocelyn Kramer, Esquire
445 Fort Pitt Boulevard / Suite 503 Pittsburgh, PA 15219
Date Record Closed: January 20, 2015
Date of Decision: January 30, 2015
Hearing Officer: Jake McElligott, Esquire
INTRODUCTION
Student1 is an early elementary school age student who formerly resided in the Peters Township School District (“District”). Over the course of the 2013-2014 school year, the parties dispute the appropriateness of the educational programming for the student as a student with a disability under the terms of the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”) and Pennsylvania special education regulations (“Chapter 14”).2 Parent3 claims that the student was denied a free appropriate public education (“FAPE”) and seeks compensatory education as a remedy, as well as reimbursement for transportation related to the student’s attendance at an after-care program.
The District counters that, at all times, it met its obligations to the student under IDEIA/Chapter 14. Consequently, the District claims that no remedy is owed.
For the reasons set forth below, I find in favor of the District.
ISSUES
Did the District provide FAPE to the student under its IDEIA obligations in the 2013-2014 school year?
If not,
is compensatory education owed to the student?
Should the parent be reimbursed for transportation?
J-G-Peters-Township-ODRNo-15168-1314KE