Special Education Hearing Officer


Child’s Name: GA

Date of Birth: xx/xx/xxxx

Dates of Hearing:
November 18, & November 19, 2009 January 27, February 4, & March 4, 2010


ODR Case # 10052-08-09-KE

Parties to the Hearing:

Fran Fattah, Esq. Chester-Upland School District 1720 Melrose Avenue
Chester, PA 19013


Lorrie McKinley, Esq. 238 West Miner Street West Chester, PA 19382

Nicole Thompson, Esq.
Levin Legal Group
1301 Masons Mill Business Park 1800 Byberry Road
Huntingdon Valley, PA 19006 March 29, 2010

Date Record Closed: March 29, 2010

Date of Decision: April 13, 2010

Hearing Officer: Jake McElligott, Esquire


Student is an 18-year old student residing in the Chester-Upland School District (District) who has been identified as a student eligible under federal and Pennsylvania special education laws as a student with a hearing impairment.1 The student has been receiving educational services through an individualized education plan (“IEP”) developed by District. For the entirety of the student’s K-12 education until October 2008, however, the student’s IEP has been implemented in a hearing support classroom in the nearby [Redacted District].2

Following a behavior incident in October 2008, the student was removed from the placement at [Redacted District] . The student’s parent alleges that District has denied the student a free appropriate public education (“FAPE”) from October 22, 2008—when District removed the student from the hearing support placement—through the beginning of the 2009-2010 school year.

For the reasons set forth below, I find in favor of the student for certain deprivations within this recovery period.


Has District denied the student a FAPE from October 22, 2008 through December 4, 2008 when the student was excluded from the hearing support classroom at [Redacted District] but was not being educated?

Has District denied the student a FAPE from December 5, 2008 through February 19, 2009 when the student was in a 45-day diagnostic placement?

Has District denied the student a FAPE from February 19, 2009 through the end of the 2008-2009 school year when the student remained in the diagnostic placement?

Has District denied the student a FAPE at the beginning of the 2009- 2010 school year?


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