LC vs. Chichester School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
EXPEDITED DUE PROCESS HEARING

Name of Child: L.C.
ODR #14856/13-14 KE
Date of Birth:

[redacted]

Date of Hearing: April 17, 2014

CLOSED HEARING

Parties to the Hearing: Parent[s]

Chichester School District 401 Cherry Tree Road Aston, PA 19014

Representative:
David Frankel, Esquire Frankel & Kershenbaum 1230 County Line Road Bryn Mawr, PA 19010

Christina Stephanos, Esquire Sweet, Stevens, Katz and Williams 331 Butler Avenue
New Britain, PA 18601

Date Record Closed: April 23, 2014

Date of Decision: April 30, 2014

Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official

Background

Student1 is a pre-teenaged child enrolled in the Chichester Area School District. Following a February 21, 2014 behavioral incident the District suspended Student and ultimately the school board decided to expel Student. The Parent requested an expedited due process hearing and argues that the District’s actions were inappropriate in that at the time of the incident Student was a “thought to be eligible” child and therefore entitled to the protections around discipline afforded under the IDEA, specifically a manifestation determination meeting.

Issues

As of February 21, 2014 was Student a “thought to be eligible” child who was therefore entitled to the protections the IDEA affords to students who are being disciplined?

If Student was “thought to be eligible” what remedies are appropriate?

L-C-Chichester-ODRNo-14856-13-14-KE

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