Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: F. K.
Date of Birth: [redacted]
ODR No. 17689-15-16-AS
CLOSED HEARING
Parties to the Hearing: Parent[s]
Walter D. Palmer Leadership Learning Partners Charter School 910 North 6th Street
Philadelphia, PA 19123
Representative:
Daniel B. Cooper, Esquire
Law Offices of Kenneth S. Cooper 45 East City Avenue, # 400
Bala Cynwyd, PA 19004
Not Appearing
Date of Hearing: June 17, 2016
Record Closed: June 18, 2016
Date of Decision: July 10, 2016
Hearing Officer: William F. Culleton, Jr., Esquire, CHO
INTRODUCTION AND PROCEDURAL HISTORY
The child named in this matter (Student)1 was a student of the charter school (School) named in this matter, for fifth and sixth grades (2013-2014 and 2014-2015 school years); in the middle of Student’s sixth grade year, December 2014, the School closed, and Student enrolled in a middle school of the Student’s school district of residence (District). When Student began fifth grade at the School, Student had an IEP and was identified under the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA) as a child with the disabilities of Emotional Disturbance and Other Health Impairment.
Student’s mother (Parent) filed this due process request, asserting that the School failed to provide Student with a free appropriate public education (FAPE) as required by the IDEA, by failing to implement Student’s IEP. Parent seeks full days of compensatory education from the beginning of Student’s fifth grade year in 2013 to the date on which the School closed in December 2014.
The respondent School is closed and did not appear for the scheduled hearing, despite the receipt of notice by an individual identified in ODR records as a contact for the School.
The hearing was completed in one session. I have determined the credibility of all witnesses and I have considered and weighed all of the evidence of record. I conclude that the School failed to provide Student with a FAPE and I order that Student is entitled to compensatory education in an amount specified below.
ISSUES
- During the relevant period from the first day of school in the School’s 2013-2014 school year2 until the last day of school in December 2014, did the School fail to provide Student with an appropriate placement?
- Should the hearing officer order the School to provide Student with compensatory education on account of all or any part of the relevant period?