JR vs. Propel Charter Schools

Pennsylvania
Special Education Hearing Officer

DECISION

Student’s Name: J. R.

Date of Birth: [redacted]

ODR No. 14898-13-14-KE

OPEN HEARING

Parties to the Hearing: Parent[s]

Propel Charter Schools
3447 East Carson Street, Su. 200 Pittsburgh, PA 15203

Representative:

Charles E. Steele, Esquire Steele Schneider
428 Forbes Avenue, Suite 700 Pittsburgh, PA 15219

Jordan Lee Strassburger, Esquire Strassburger, McKenna, Gutnick & Gefsky Four Gateway Center, Su. 2200
444 Liberty Avenue
Pittsburgh, PA 15222

Dates of Hearing: July 23, 2014; July 24, 2014

Record Closed: August 13, 2014

Date of Decision: August 27, 2014

Hearing Officer: William F. Culleton, Jr., Esquire

INTRODUCTION AND PROCEDURAL HISTORY

The student in this matter (Student)1 is a rising third grader enrolled in the respondent Charter School (School). (NT 6-7, 9.) Student was identified previously as a child with a disability of Speech or Language Impairment pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA); however, the School exited Student from special education after a re-evaluation during Student’s second grade year. (NT 7-8.) Before Student was exited, Student’s parents (Parents) requested due process under the IDEA, alleging that the School had failed and was failing to comply with its “child find” obligation, and thus failed to provide Student with an appropriate educational program and placement during Student’s first and second grade years.2 Parents request an order that the School provide compensatory education to Student.3 The School asserts that it met its “child find” obligation and that no compensatory education is due.4

The hearing was completed in two sessions, and the record closed upon receipt of written summations. I conclude that the School complied with its child find obligations, and that no compensatory education is due.

ISSUES

  1. Did the School comply with its child find obligation under the IDEA during the period of time from Student’s first day of school in September 2012 to March 19, 2014?
  2. Should the hearing officer order the School to provide compensatory education to Student for all or any part of the period of time from Student’s first day of school in September 2012 to March 19, 2014?
J-R-Propel-Charter-ODRNo-14898-13-14-KE-1

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