ET vs. Philadelphia City School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: ET

ODR # 7740/06-07 LS

Date of Birth: xx/xx/xx Dates of Hearing: June 26, 2007

CLOSED HEARING

Parties to the Hearing: Mr. and Mrs.

Philadelphia City School District Legal Office -3rd Floor
440 North Broad Street Philadelphia, PA 19130

Representative:

Kenneth Cooper, Esquire

Date Transcript received: June 27, 2007

Date of Decision: July 10, 2007

Hearing Officer: Marcie Romberger, Esquire

BACKGROUND

Student was an Eighth Grade Student in the Philadelphia City School District during the 2006-2007 school year. Student was eligible for special education services as a result of his Attention Deficit/Hyperactivity Disorder and academic disabilities in math and reading. He received support in the resource room. On May 14, 2007, Student broke into the [redacted] School and stole money, personal checks, and food. He was caught and arrested. The District completed a manifestation review, determined his behavior was not a manifestation of his disability, and recommended that he be placed in an alternative educational setting. Student did not agree that his behavior was not a manifestation of his disability and did not consent to being removed to an alternative educational placement.

ISSUES

Was Student’s behavior a manifestation of Student’s disability?
Can Student be assigned to an alternate educational setting as a result of his behavior?

ET-Philadelphia-City-ODRNo-7740-06-07-LS

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