DG vs. Bethlehem Area School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: DG

Date of Birth: xx/xx/xx

Dates of Hearing:
September 11, 2006, September 28, 2006

CLOSED HEARING
ODR #6816/ 06-07 LS

Parties to the Hearing: Mr. and Mrs.

Bethlehem Area School District 1516 Sycamore Street Bethelehem PA 18017-6099

Representative:

Angela Uliana- Murphy, Esquire 807 William Street
P.O. Box 97
Pen Argyl PA 18072

Hollie John, Esquire
Sweet, Stevens, Tucker & Katz P.O. Box 6059
New Britain PA 18901

Date Record Closed: September 28, 2006

Date of Decision: October 13, 2006

Hearing Officer: William F. Culleton, Jr., Esquire

 

INTRODUCTION

Student is a xx year old student of the Bethlehem Area School District who is considered eligible for a plan of services under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 (1973). (NT 17-11 to 18-20.) He is in tenth grade. (NT 19-21 to 25.) His Parents, Mr. and Mrs. seek reversal of the District’s manifestation determination of June 21, 2006. (NT 26-11.) They assert that the Student’s admitted act of bringing prescription medicine to school and handing it to another student was impulsive and a manifestation of his diagnosed ADHD, and that the District did not give proper consideration to the evidence at the manifestation determination session. The District contends that the Student’s ADHD does not typically manifest itself in impulsiveness, and that the Student’s behavior was not impulsive because it was planned over a period of several days.

ISSUES

  1. Did the manifestation team err in determining that the Student’s behavior was not a manifestation of his disability?
  2. Did the manifestation review team review all relevant information, including relevant information provided by the Parents in determining whether or not the Student’s behavior was a manifestation of his disability?
DG-Bethlehem-Area-ODRNo-6816-06-07-LS

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.