JG vs. Young Scholars Kenderton Charter School

PENNSYL V ANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: J.G.

ODR #14523/13-14-KE

Date of Birth: [redacted]

Date of Hearing: January 17, 2014

OPEN HEARING

Parties to the Hearing: Parent[s]

Young Scholars Kenderton Charter School 1500 West Ontario Street
Philadelphia, PA 19140

Representative: Pro Se

Patricia Fecile-Moreland, Esquire
Marks, O’Neill, O’Brien, Doherty & Kelly 1800 John F. Kennedy Boulevard Philadelphia, PA 19103

Date Record Closed: January 22, 2014

Date of Decision: January 27, 2014

Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official

Background

Student is an early elementary school-aged student whose Local Educational Agency [LEA] is a Charter School [hereinafter the School] and who is eligible for special education pursuant to the Individuals with Disabilities Education Act [IDEA] under the current classification of Autism. Student’s Parent requested this hearing because she disagrees with the School’s including Student in regular education classes and wants Student to receive all Student’s instruction in the Autistic Support classroom rather than going out to any regular education classes.

The School maintains that inclusion of Student is appropriate, and that in order for Student to receive a free appropriate public education [FAPE] it must follow the IDEA mandate that each child be educated in the least restrictive environment [LRE] appropriate for that child.

In an attempt to bring the Parent and the School into agreement regarding an appropriate placement, the School offered to conduct a re-evaluation; the Parent rejected this offer and requested a due process hearing.

After listening to the testimony of the Parent, the family’s Behavior Specialist Consultant [BSC] and the School’s Director of Student Support, I determined that Student should receive a complete multidisciplinary re-evaluation and at the conclusion of the hearing ordered that it be started forthwith and completed within 60 calendar days of the hearing date.

Issue

In order for Student to receive FAPE, should the School place Student in regular education classes against the wishes of the Parent?

J-G-Young-Scholars-Kenderton-Charter-ODRNo-14523-13-14-KE

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