DC vs. Hermitage School District

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

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