SPECIAL EDUCATION HEARING OFFICER
DUE PROCESS HEARING
Name of Child: ET
ODR # 7740/06-07 LS
Date of Birth: xx/xx/xx Dates of Hearing: June 26, 2007
Parties to the Hearing: Mr. and Mrs.
Philadelphia City School District Legal Office -3rd Floor
440 North Broad Street Philadelphia, PA 19130
Kenneth Cooper, Esquire
Date Transcript received: June 27, 2007
Date of Decision: July 10, 2007
Hearing Officer: Marcie Romberger, Esquire
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.
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?