BD vs. West Chester Area School District

This is a redacted version of the original hearing officer decision. Select details may 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: BD
ODR #7992/07-08 LS

Date of Birth: xx/xx/xx

Date of Hearing:
November 26, 2007

CLOSED HEARING

Parties to the Hearing:

Mr. and Mrs.

West Chester Area School District Special Education Director
829 Paoli Pike
West Chester, Pennsylvania 19380

Representative:
Tanya Alvarado, Esquire McAndrews Law Firm
30 Cassatt Avenue
Berwyn, Pennsylvania 19312

Hollie John, Esquire
Sweet, Stevens, Tucker & Katz P.O. Box 5069
New Britain, Pennsylvania 18901

Transcript Received: December 1, 2007

Date of Decision: December 8, 2007

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

Background

Student is a xx year old male, a graduate of one of the District’s high schools1, whose parents allege that the West Chester Area School District denied him FAPE from the 2000-2001 school year through the end of the 2004-2005 school year. At all relevant times Student was a regular education student, but in early June 2005 events triggered the District’s potentially providing services under Section 504/Chapter 15 or the IDEA/Chapter 14. As the Parents’ claims fall outside IDEIA’s two-year statute of limitations period, this hearing was held solely to determine whether one of the exceptions to the statute of limitations exists. 2

Issue

Did the West Chester Area School District fail to provide Mr. and Mrs. with a copy of the Procedural Safeguards Notice?

BD-West-Chester-Area-ODRNo-7992-07-08-LS

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.