KR vs. Discovery Charter School

Pennsylvania
Special Education Hearing Officer

DECISION

Student’s Name: K.R.

Date of Birth: [redacted]

ODR No. 2058-10-11-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

Date of Hearing: July 6, 2011

Record Closed: July 9, 2011

Date of Decision: July 11, 2011

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

INTRODUCTION AND PROCEDURAL HISTORY

Student is an eligible resident of the School District of Philadelphia (District), and attended the Discovery Charter School (School) for kindergarten during the 2010-2011 school year. (1NT 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 June 29, 2011, the Parents requested an expedited due process hearing regarding ESY issues only, seeking an order declaring the appropriate placement for ESY services. The School asserts that the appropriate ESY placement is an emotional support program in a private school.

The hearing was conducted in one session and the record closed upon receipt of transcript. I conclude that the appropriate placement is emotional support.

ISSUES

  1. Is the appropriate ESY placement an emotional support placement in a private school?
  2. Should the hearing officer order that the ESY placement be a private academic tutoring organization?
K-R-Discovery-Charter-ODRNo-2058-10-11-AS

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