LP vs. Chester Charter School

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: L.P.

ODR File 19213 16 17

Date of Birth: [redacted]

Dates of Hearing: 7/17/17 7/28/17

CLOSED HEARING

Parent(s): [redacted]

Nicole Reimann, Esquire, Batchis Nestle & Reimann, Two Bala Plaza, Suite 300, Bala Cynwyd, PA 19014
(Counsel for Parent)

School District:
Chester Charter School for the Arts, 200 Commerce Drive, Aston, PA 19014

Maria Ramola, Esquire, Latsha Davis Yohe & McKenna, 350 Eagleview Blvd., Suite 100, Exton, PA 19341
(Counsel for the School District)

Date of Decision: 8/16/17

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

Date Record Closed: January 5, 2016

Date of Decision: February 2, 2016

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

Background

Student1 is an early teen-aged student who is eligible for special education pursuant to the Individuals with Disabilities Education Act (IDEA) and Pennsylvania Chapter 14 under the current classifications of specific learning disability and other health impairment (ADHD). As such, the Student is also an individual with a disability as defined under Section 504 of the Rehabilitation Act, 29 U.S.C. § 794 and a protected handicapped student under Pennsylvania Chapter 15.2

The Parents3 requested this hearing, asserting that Student’s LEA, the Charter School (School), has not provided Student with a free appropriate public education (FAPE) since Student’s April 6, 2017 dismissal from an Approved Private School (APS), a placement previously made by agreement of the parties for school year 2016-2017. They seek compensatory education as a remedy for this alleged violation. The Parents also believe that the School’s current offer of placement in an IU-operated program (IU Program) for the upcoming school year is not appropriate, and seek an order that Student be placed in the private school (Private School) they favor.

Based upon the preponderance of the evidence before me I find in favor of the School.

Issues

Did the School fail to provide Student FAPE from April 7, 2017 onwards, and if so what is the appropriate remedy?

Is the program/placement the School offered Student for the 2017-2018 school year appropriate?

L-P-Chester-Charter-ODRNo-19213-16-17

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