BB vs. Cheltenham School District

This is a redacted version of the original decision. Select details have been removed
from the decision to preserve anonymity of the student. The redactions do not affect the
substance of the document.

Pennsylvania
Special Education Hearing Officer

DECISION

DUE PROCESS HEARING

Name of Child: BB
ODR #00207/09-10 AS

Date of Birth:
XX-XX-XXXX

Date of Hearing:
November 9, 2009

OPEN HEARING

Parties to the Hearing:

Ms.

Cheltenham School District 1000 Ashbourne Road
Elkins Park, Pennsylvania 19027

Representative:

Pro Se

Claudia Huot, Esquire
Wisler Pearlstine
484 Norristown Road, Suite 100 Blue Bell, Pennsylvania 19422

Date Record Closed: November 16, 2009
Date Transcript Received: November 16, 2009

Date of Decision: November 27, 2009

Hearing Officer: Linda M. Valentini, Psy.D.
Certified Hearing Official

Background

Student1 is an eligible student with a classification of emotional disturbance who was formerly enrolled in the Cheltenham School District (hereinafter District). The Student’s mother (hereinafter Parent) requested this hearing to address her concerns that Student had been denied a free appropriate public education due to non-implementation of Student’s IEP.

The Parent withdrew the Student from the District in May of the 2008-2009 school year pursuant to an incident that is being addressed through a complaint through other channels. Although the Parent sought to have the subject matter of that complaint addressed in this hearing, the hearing officer ruled that that matter was not within her jurisdiction and that claims would be limited to those properly under the authority of a special education hearing officer. [HO-1]

Subsequent to removing the Student from the District, the Parent enrolled Student in a private school2 for the 2009-2010 school year. However, currently being dissatisfied with the appropriateness of that school for the Student, the Parent seeks to enroll the Student in a cyber charter school. As enrollment in the cyber charter school would necessitate her being at home with the Student, the Parent is requesting that the District pay her a salary while she stays at home with the Student while the Student is being served by the cyber charter school.

Once the hearing had begun the parties were permitted a brief adjournment to hold a Resolution Meeting which did not result in an agreement. [NT 25-27]

Issues

Did the District deny the Student a free appropriate public education by failing to implement the Student’s IEP for school year 2008-2009?

If the District denied the Student a free appropriate public education, is the District required to pay the Parent a salary while she remains at home while the Student is enrolled in a cyber charter school?

BB-Cheltenham-ODRNo-00207-09-10-AS

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