JH vs. Rose Tree Media School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: J. H.

Date of Birth: [redacted]

Dates of Hearing: 5/30/2017 and 7/18/2017

Closed HEARING

ODR File No. 19233-16-17

Parties to the Hearing: Parent(s)

Local Education Agency
Rose Tree Media School District 308 North Olive Street
Media, PA 19063-2403

Representative:

Parent Attorney
Michael Raffaele Esq. Frankel & Kershenbaum, LLC 1230 County Line Road
Bryn Mawr, PA 19010 610-922-4206

LEA Attorney Gabrielle Sereni Esq. 19 W. Third Street Media, PA 19063 610-357-2016

Date of Decision: July 28, 2017

Hearing Officer: Charles W. Jelley Esq. LL.M.

PROCEDURAL HISTORY AND TIMELINE OF EVENTS

This special education due process hearing was requested by the Parent1 on behalf of the child (the Student) against the School District (District).2 This matter arises under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., more specifically at 20 U.S.C. § 1415(k).e. Parent here is appealing the District’s determination that the Student’s violation of the code of conduct was not a manifestation of the Student’s disability. Consequently, the matter is expedited.

STATEMENT OF THE ISSUE

Did the District comply with the IDEA requirements to conduct a legally sufficient manifestation determination meeting, and if not, what relief should be ordered?

J-H-Rose-Tree-Media-ODRNo-19233-16-17

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