KO vs. Shikellamy School District

BEFORE THE PENNSYLVANIA OFFICE OF DISPUTE RESOLUTION

K.O., Student by [redacted] Mother, Petitioner,

v

Shikellamy School District, Respondent.

File No. 02502/11-12AS

James Gerl, Hearing Officer


ORDER

This matter is before me upon respondent’s Motion to Dismiss. Respondent requests dismissal because it contends that the student’s mother who filed the due process complaint lacks the legal capacity to bring a due process complaint.

The student’s mother filed a response to the motion. The student’s father filed a response to the mother’s response, joining the Respondent’s request for dismissal. Respondent also filed a response to the mother’s

File No. 02502/11-12AS

James Gerl, Hearing Officer

pleading. The student’s mother subsequently filed a reply. The school district filed its third brief, a response to the mother’s reply. The father filed an additional response. The mother filed a response to the school district’s third brief. All filings and all attached papers and supporting documents have been considered.

Procedural History

The student’s mother filed a handwritten note as a due process complaint with the school district dated November 7, 2011. The due process complaint was provided to respondent by the Office of Dispute Resolution on November 11, 2011. Respondent filed a challenge to the sufficiency of the complaint on November 23, 2011. IDEA §615(c)(2)(C). The sufficiency challenge was granted on November 28, 2011 and the student’s mother was given until January 6, 2012 to file an amended complaint. IDEA §§615(b)(7)(A); 615(c)(2)(D). Petitioner was advised that if an amended complaint was received by the deadline, the timelines for this case would begin again with the filing of the amended complaint. 34 C.F.R. §300.508(d)(4). The student’s mother filed an amended complaint on January 3, 2012 along with a stay put motion.

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.