KS vs. Bethlehem Area School District

Due Process Hearing for:

Student’s Name: KS

Date of Birth: xx/xx/xx

Dates of Hearing: January 22 and February 8, 2007

Type of Hearing: Closed

ODR #: 7144/06-07 KE

Parties to Hearing: Parent:

School District: Bethlehem Area

District Representative: Hollie John, Esquire

Parent Representative: Angela Aliana-Murphy, Esquire

Date Record Closed: February 18, 2007

Date of Decision: March 8, 2007

Hearing Officer: Ambrose Finnegan, Ed.D.


Student is a student in the Bethlehem Area School District (“District”). She moved into the District at the beginning of the 2005-06 school year. During the course of the school year, she received detentions and suspensions for behaviors primarily associated with the theft of cell phones. She was ultimately expelled from the District in the Fall of the 2006-07 school year as a consequence of these behaviors.

The parent initiated these proceedings in response, at least in part, to this expulsion, and claimed the District was negligent in meeting its Child Find requirements to have identified the student as eligible for special education services.


  1. Did the District violate its Child Find obligations with regard to the student?
  2. If the District did fail to meet its Child Find obligations, how should that failure affect the student’s placement.
  3. If the District did fail to meet its Child Find obligations, should the requirements of a Manifestation Determination Review (“MDR”) have occurred?
  4. Did the District conduct an appropriate evaluation of the student in December 2006?
  5. Is the student entitled to compensatory education?

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