JS vs. South Eastern School District

DECISION

Due Process Hearing for JS

ODR File No. 7228/06-07 LS

Parties to the Hearing: (Parent)

(Parent)

South Eastern School District 377 Main Street
Fawn Grove, PA 17321

Representative:

Daniel Fennick, Esq. Anderson Converse & Fennick 1423 East Market Street
York, PA 17403

Stephen S. Russell, Esq. Brooke E. D. Say, Esq.

Stock and Leader
Susquehanna Commerce Ctr. East Suite E600
221 West Philadelphia Street York, PA 17401

Hearing Officer: Debra K. Wallet, Esq.

Record Closed: January 12, 2007

Date of Decision: January 24, 2007

BACKGROUND:

Student [hereinafter Student] is a xx-year-old (date of birth xx/xx/xx) eighth grade student whose Parents reside within the South Eastern School District [hereinafter School District].

On or about November 7, 2006, Student ingested two prescription pills given to him by a fellow student and took two pills at home the following morning. Student knew that these pills were taken by the friend for his ADHD. The School District held an informal disciplinary hearing on November 13, 2006, at which time Student was suspended and the matter referred to the Superintendent of Schools. On January 3, 2007, a student disciplinary hearing was held before a committee of the Board of School Directors. It was concluded that the conduct at issue was not a manifestation of Student’s ADHD and that Student was subject to expulsion for violating the Code of Student Conduct prohibiting being under the influence of drugs at school and possession of drugs at school.

The primary issue to be determined at this expedited due process hearing is whether or not the actions of accepting and ingesting the friend’s prescription drugs are a manifestation of Student’s disability. A preliminary issue is whether or not Student is entitled to the manifestation protections contained in IDEA 2004, namely whether or not he is eligible for services under the IDEA. The parties have agreed that Student is entitled, at the least, to a Section 504 Plan.

ISSUES:

1. Is Student entitled to an IEP under the IDEA or entitled only to a Section 504 Plan?

2. Was Student’s conduct a manifestation of the disability?

JS-South-Eastern-ODRNo-7228-06-07-LS

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