KR vs. Discovery Charter School

Pennsylvania
Special Education Hearing Officer

DECISION

Student’s Name: K.R.

Date of Birth: [redacted]

ODR No. 1697-10-11-AS

CLOSED HEARING

Parties to the Hearing: Parent[s]

Discovery Charter School Business and Technology Center 5070 Parkside Avenue Philadelphia, PA 19131

Representative:

Evan W. Davis, Esquire Dechert LLP
Cira Centre
2929 Arch Street Philadelphia, PA 19104-2808

Benjamin D. Geffen, Esquire
Public Interest Law Center of Philadelphia 1709 Benjamin Franklin Parkway, 2d Floor Philadelphia, PA 19103

Scott H. Wolpert, Esquire Timoney Knox
400 Maryland Drive
Fort Washington, PA 19034

Dates of Hearing: June 15, 2011, July 6, 2011, July 25, 2011, September 6, 2011

Record Closed: September 20, 2011

Date of Decision: October 5, 2011

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

INTRODUCTION AND PROCEDURAL HISTORY

Student is an eligible resident of the [Redacted] School District (District), and attended the Discovery Charter School (School) for kindergarten during the 2010-2011 school year. (NT 10-14.)1 Student is identified with Emotional Disturbance, pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). Ibid. On April 13, 2011 the School filed a request for due process to defend its initial evaluation of Student in response to the Parents’ request for an independent educational evaluation, and seeking a declaration that its proposed placement – in full time emotional support at a private school with programming to address emotional and behavioral needs – is appropriate. Parents2 assert that the evaluation and proposed placement are inappropriate.

The matter was heard in four sessions and the record closed upon receipt of written summations. I conclude that the evaluation and placement were appropriate.

ISSUES3

  1. Was the initial evaluation provided by the School in March 2011 appropriate?
  2. Is the placement of full time emotional support at an approved private school, offered by the School in March 2011, appropriate?4
  3. Should the hearing officer order an IEE at public expense?
K-R-Discovery-Charter-ODRNo-1697-10-11-AS

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