Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: DC
Date of Birth: XX-XX-XXXX
Date of Hearing: February 4, 2010
CLOSED HEARING
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.
Representative:
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
INTRODUCTION AND PROCEDURAL HISTORY
“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.
ISSUES
Whether Student’s conduct on October 1, 2009 was a manifestation of his identified disability?
DC-Hermitage-ODRNo-00640-09-10-AS