KB vs. New Media Charter School

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: K. B.

Date of Birth: [redacted]

Dates of Hearing: 9/14/2016

Closed HEARING

ODR File No. 17928-15-16

Parties to the Hearing:

Parents Parent[s]

Local Education Agency New Media Charter School 8034 Thouron Avenue Philadelphia, PA 19150

Representative:

Parent Attorney
Daniel Cooper Esq.
Law Offices of Kenneth S. Cooper 45 E. City Avenue, #400
Bala Cynwyd, PA 19004 610-608-6185

LEA Attorney Unrepresented

Date Record Closed: October 14, 2016

Date of Decision: November 8, 2016

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

Introduction

During the 2015-2016 school year, the Student1 was enrolled at the New Media Charter School (Charter School) for sixth grade. In June 2016, the Charter School closed. The Student is now enrolled in the Student’s school district of residence. Student’s mother (Parent) filed this due process request, pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA) and Section 504 of the Rehabilitations Act.

Parent asserts that the Charter School failed to comply with the IDEA, by failing to implement the Student’s Individualized Education Program (IEP). Parent also asserts that the School failed to provide Student with a free appropriate public education (FAPE) as required by the IDEA. Parent seeks full days of compensatory education for the entire 2015-2016 school year. The Charter School is closed and did not appear for the scheduled hearing. The Office for Dispute Resolution (ODR) and Parent’s counsel provided the Charter School advanced notice of the hearing date, to an individual identified in ODR records as a contact for the School. The hearing was completed in one session with testimony from one witness. I have determined the credibility of the single witness and I have considered and weighed all of the written evidence in the record. I conclude that the Charter School failed to appropriately educate the Student.

Issues

  1. During the relevant period from the first day of school in the School’s 2015- 2016 school year until the last day of school in June 2016, did the School fail to implement the Student’s Individualized Education Program (IEP)?
  2. During the relevant period, did the School fail to provide Student with FAPE as defined by the IDEA?
  3. Did the Charter School fail to conduct a complete assessment of the Student in all areas of unique need?
  4. Should the hearing officer order the Charter School to provide the Student with compensatory education for all or any part of the relevant period?
K-B-New-Media-Charter-ODRNo-17928-15-16

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