DM vs. Urban Pathways Charter School

PENNSYLVANIA

SPECIAL EDUCATION HEARING OFFICER

DECISION

DUE PROCESS HEARING

Name of Child: D.M.

ODR #2617/11-12-AS

Date of Birth: [Redacted]

Dates of Hearing: February 13, 2012 April 2, 2012

CLOSED HEARING

Parties to the Hearing: Parent

Urban Pathways Charter School 914 Penn Avenue
Pittsburgh, PA 15222

Representative:
Pamela Berger, Esquire 434 Grace Street Pittsburgh, PA 15211

Nicole Snyder, Esquire
Latsha Davis Yohe & McKenna 350 Eagleview Boulevard Suite 100 Exton, PA 19341

Date Record Closed: April 24, 2012

Date of Decision: May 1, 2012

Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official

 

Background

Student1 is a high-school aged eligible child classified as having a specific learning disability in reading. Student attended the Charter School for the 2010-2011 school year and for the 2011-2012 school year until November 22, 2011.

The Parent filed a request for a due process hearing alleging that the Charter School denied Student a free appropriate public education [FAPE] in the areas of reading instruction, behavior management, and assistive technology and failed to follow appropriate disciplinary procedures. The Parent is requesting compensatory education.

The Charter School’s position is that Student was at all times afforded FAPE and that it did follow appropriate disciplinary procedures. The Charter School maintains that no compensatory education is due.

Issues

  1. Did the Charter School deny Student FAPE, specifically in the areas of reading, assistive technology and/or behavior management during all or part of the 2010- 2011 school year and/or for the 2011-2012 school year up to November 22, 2011?
  2. Did the Charter School fail to follow appropriate disciplinary procedures?
  3. If the Charter School denied Student FAPE through substantive or procedural violations, is Student entitled to compensatory education, in what form and in what amount?
D-M-Urban-Pathways-ODRNo-2617-11-12-AS

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