AD vs. Young Scholars – Kenderton Charter School

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: A. D.
Date of Birth: [redacted]
CLOSED HEARING & STIPULATED RECORD

ODR Case Numbers:

ODR NO. 18790-1617AS ODR NO. 18791-1617AS

Parties to the Hearing:

Young Scholars – Kenderton Charter School
1500 W. Ontario Street Philadelphia, PA 19140

Representative:

David J. Berney, Esquire Morgen Black-Smith, Esquire

1628 J.F.K. Boulevard Suite 1000 Philadelphia, PA 19103

Unrepresented & Non-Participatory

Date of Decision: July 6, 2017

Hearing Officer: Charles W. Jelley, Esquire LL.M.

BACKGROUND LEADING UP TO THE DUE PROCESS COMPLAINT

The Student1 is a middle school-aged student residing in the Philadelphia school district. The student qualifies under the terms of the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEA”)2 for specially designed instruction/related services as a student with an Other Health Impairment (OHI) and Emotional Disturbance (ED). The procedural background in these matters is intricate. As set forth more fully below, the student attended the Charter School “Charter School”) which is now closed.

STATEMENT OF THE ISSUE

The question before the hearing officer is whether the Pennsylvania Department of Education as the SEA, is required to reimburse the Parent, for the voluntary tuition education payment, made by the Student’s trustee, owed to the Student’s Private School when the Charter School/LEA is unable or unwilling to pay the Student’s monthly FAPE costs.

A-D-Young-Scholars-Kenderton-ODRNO-18790-1617AS

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