CB vs. Folk Arts Cultural Treasures Charter School

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

EXPEDITED DUE PROCESS HEARING

Name of Child: CB
ODR #9028/07-08 AS

Date of Birth: xx/xx/xx

Date of Hearing: July 16, 2008

CLOSED HEARING

Parties to the Hearing: Ms.

Folk Arts Cultural Treasures Charter School 1023 Callowhill Street
Philadelphia, Pennsylvania 19123

Representative: Pro Se

Maria Ramola, Esquire
Latsha, Davis, Yohe & McKenna 350 Eagleview Boulevard Suite 100 Exton, Pennsylvania 19341

Date Transcript Received: July 19, 2008

Date of Decision: July 20, 2008

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

 

Background

Student is pre-teen aged eligible student enrolled in the Folk Arts Cultural Treasures Charter School (hereinafter FACT). Pursuant to an incident on the last day of school FACT conducted certain investigatory activities and determined that Student was involved. Student’s mother (hereinafter Parent) asked for this expedited hearing alleging that FACT made a decision to recommend expulsion of her child without first conducting a manifestation determination.

As a manifestation determination meeting was in the process of being scheduled just before the hearing date, FACT moved for a dismissal and both parties asked for a continuance. This hearing officer denied the requests for a continuance as this matter had Expedited status, and also denied FACT’s Motion to Dismiss as the Parent was unwilling to withdraw the hearing request. An evidentiary expedited hearing was held.

FACT received the hearing request on June 27, 2008 and ODR received its copy on the same day. Unless otherwise specified, in the IDEIA “day” means calendar days. Therefore this due process decision is due on July 27, 2008.

 

Issue

Did the Folk Arts Cultural Treasures Center withhold information from Ms. about her child’s right to a Manifestation Determination in violation of Student’s procedural rights under the IDEIA?

 

CB-Folk-Arts-Cultural-Treasures-Charter-ODRNo-9028-07-08-AS

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