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
Special Education Hearing Officer
FINAL DECISION AND ORDER
Student’s Name: C.G.
Date of Birth: [redacted]
ODR No. 14737-1314KE
Parties to the Hearing:
Unionville-Chadds Ford School District 740 Unionville Road
Kennett Square, PA 19348
Anne Hendricks, Esq.
1301 Masons Mill Business Park 1800 Byberry Road
Huntingdon Valley, PA 19006
Dates of Hearing: 04/08/2014, 05/29/2014
Record Closed: 05/29/2014
Date of Decision: 06/10/2014
Hearing Officer: Brian Jason Ford
This matter arises under Section 504 of the Rehabilitation Act of 1973 (Section 504), 34 C.F.R. Part 104.4. In Pennsylvania, Section 504 is implemented in schools through 22 Pa. Code § 15 (Chapter 15). This matter was brought by [redacted] (Parent) on behalf of [redacted]. (Student) against the Unionville-Chadds Ford School District (District). [Redacted], the Student’s other biological parent, was identified in the Parent’s Complaint, copied on correspondences, and identified as a party in a pre-hearing order, but did not participate in this matter.
There is no dispute that the Student is a “protected handicapped student” as defined by Chapter 15. See 22 Pa. Code § 15.2. There is also no dispute about the appropriateness of the Student’s Section 504 Service Agreement (504 Agreement). Rather, the Parent claims that the District has failed to implement the 504 Agreement. The Parent further claims that the District has failed to provide access to the Student’s records.
- Did the District fail to inform the Parent whenever the Student received scores of “0” on more than two assignments within a week?
- Did the District violate Section 504 or Chapter 15 by failing to provide the Parent with copies of question booklets from the Student’s tests?1