JH vs. Commonwealth Connections Academy Charter School

INTRODUCTION AND PROCEDURAL HISTORY

The child named in this matter (Student)1 is an eligible enrollee of the cyber charter school named in this matter (Charter). It is uncontested that Student is identified under the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA), as a child with the disabilities of Other Health Impairment and Specific Learning Disability. The Student’s Guardian (Parent) filed the present due process complaint notice (complaint) pursuant to the IDEA and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 (section 504), requesting a hearing and order for the purpose of amending three quarterly progress reports sent to Parent and maintained by the Charter during the 2015-2016 school year.

The Charter moved to dismiss, the motion was held in abeyance, and a hearing was held. During the hearing, Parent discussed the purposes of the request for due process. At that point, the hearing was suspended and Parent, at her request, was given time to respond to the motion. Subsequently, Parent sent an email message stating that she did not intend to file any further response, and agreed that the matter be decided on the present record. I now grant the motion and dismiss this matter; however, I want to make clear that this decision is narrow and does not preclude Parent from seeking relief in other forums.

ISSUE

1. Does the hearing officer have jurisdiction under either the IDEA or section 504 to decide the matters set forth in the complaint and grant all or any of the requested relief?