Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: JB
Date of Birth: xx/xx/xx
Dates of Hearing: May 9, 2007; May 10, 2007
CLOSED HEARING
ODR #7563/ 06-07 KE
Parties to the Hearing: Ms.
School District of Philadelphia 440 North Broad Street
Suite 313
Philadelphia, PA 19130
Representative: Pro Se
Deborah Greenfield DeLauro, Esquire Office of General Counsel
School District of Philadelphia
440 North Broad Street, Third Floor Philadelphia, PA 19130
Date Record Closed: May 10, 2007
Date of Decision: May 23, 2007
Hearing Officer: William F. Culleton, Jr., Esquire
INTRODUCTION
Student is a xx year old eligible student of the Philadelphia School District (District), currently assigned to the eighth grade at [redacted] School, a remedial disciplinary school operated by a private provider under contract with the District. (NT 72-10 to 73-8.) The Student previously received resource room services and a behavior plan with school based behavioral health services, at [redacted] Middle School, for identified Specific Learning Disability and Emotional Disturbance. (NT72-22 to 24, 73-9 to 18, 74-22 to 75-15.) The District transferred the Student from Middle School after finding that he had committed two assaults and several other breaches of the District’s Code of Conduct.
The Student’s mother, (Parent) requested due process to contest the transfer, arguing that the Student’s behavior was a manifestation of his disability, and that the {Disciplinary} School was not an appropriate placement. The District asserts that the behavior was not a manifestation of the Student’s disability, and that the placement and attendant supportive services are appropriate.
ISSUES
- Did the District fail to provide appropriate procedural protections to the Student and the Parent, or otherwise fail to follow the procedures required by law in connection with the Manifestation Determinations?
- Did the District err in finding that the Student’s conduct was not a manifestation of his disability, because either:
1) the Student’s behavior was the direct result of the District’s failure to implement the Student’s IEP; or
2) the Student’s conduct was caused by, or directly and substantially related to, his disability? - Was the placement of the Student in a remedial disciplinary school appropriate?