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