Special Education Hearing Officer
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
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