DC vs. Hermitage School District

Special Education Hearing Officer


Child’s Name: DC
Date of Birth: XX-XX-XXXX

Date of Hearing: February 4, 2010


ODR No. 00640-09-10 AS

Parties to the Hearing:

Ms. Bonnie O’Mahony
Director of Administrative Services Hermitage School District
411 North Hermitage Road Hermitage, PA 16148

Ms. and Ms.


Andrew F. Evankovich, Esquire Andrews and Price
1500 Ardmore Boulevard, Suite 506 Pittsburgh, PA 15221

Barbara Seman Ochs, Esquire Daniel T. Godinich, Esquire Evans, Garvey, Lackey & Ochs 19 Jefferson Avenue

P. O. Box 949 Sharon, PA 16146

Date Record Closed: February 4, 2010

Date of Decision: February 18, 2010

Hearing Officer: Cathy A. Skidmore, Esquire



“Student” (Student) is a 17-year-old eligible student of the Hermitage School District (District). On October 1, 2009, the District was informed that Student and several other ninth- grade students had violated certain provisions of the District’s discipline code. Following an investigation, Student was suspended and the District commenced expulsion proceedings. On January 15, 2010, a manifestation determination meeting was held and the team determined that Student’s conduct on October 1, 2009 was not a manifestation of his disability. Student’s parent and guardian (hereafter collectively “parents”) disagreed and requested a hearing, which was held on February 4, 2010. For the reasons set forth below, I agree with the District that Student’s conduct on October 1, 2009 was not a manifestation of his disability.



Whether Student’s conduct on October 1, 2009 was a manifestation of his identified disability?


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