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.
SPECIAL EDUCATION HEARING OFFICER
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
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.
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.
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?