KL vs. Propel Charter Schools

PENNSYLVANIA SPECIAL EDUCATION HEARING OFFICER

FINAL DECISION AND ORDER

CLOSED HEARING

ODR File Number: 19204 16 17

Child’s Name: K. L.

Date of Birth: [redacted]

Dates of Hearing:

09/01/17

Parent:

[redacted]

Counsel for Parent

Brandi Kelly Suter, Esquire, 429 Forbes Avenue, Suite 450, Pittsburgh, PA 15219

Local Education Agency:
Propel Charter Schools, 3447 East Carson Street, Suite 200, Pittsburgh, PA 15203

Counsel for the LEA

Jordan Lee Strassubrger, Esquire, Four Gateway Center, Suite 200, 444 Liberty Avenue, Pittsburgh, PA 15222

Hearing Officer:
Cathy A. Skidmore, M.Ed., J.D., Certified Hearing Official

Date of Decision:

09/18/17

INTRODUCTION AND PROCEDURAL HISTORY

The student (hereafter Student)1 is a mid-teenaged student who formerly attended the Propel Charter Schools (School). During the relevant time period, Student was eligible for special education pursuant to the Individuals with Disabilities Education Act (IDEA)2 as a child with Specific Learning Disabilities. The parties previously litigated a Due Process Complaint filed by the Parent against the School that resulted in a decision in May 2015. The hearing officer at that time concluded that Student was denied a free appropriate public education (FAPE), but no relief was requested or ordered. The Parent now seeks compensatory education as a remedy for the School’s denial of FAPE from the date of that decision through the end of the 2014-15 school year when Student dis-enrolled from the School. The School denies that any relief is warranted. A brief single session hearing convened at which two witnesses testified and several documents were submitted.3

For the reasons set forth below, the Parent’s claim will be granted in part and denied in part.

ISSUES

  1. Whether the School had any obligation to revise Student’s IEP following the issuance of the May 2015 hearing officer’s decision;
  2. Whether the School denied Student FAPE from May 13, 2015 to the end of the 2014-15 school year; and
  3. If Student was denied FAPE, whether Student is entitled to compensatory education?
K-L-Propel-Charter-ODRNo-19204-16-17

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