LP vs. North Penn School District

LP

Name of Child

Xx/xx/xx

Date of Birth

7444/06-07 AS

ODR File Number

April 12, 2007

Date of Hearing

Expedited Hearing

Closed Hearing

Parties to Hearing Parent

Parent Representative Robert Gidding, Esq. 2 Bala Plaza
Suite 300

Bala Cynwyd, PA 19004

School District
John Iannacone
North Penn School District 410 Hancock Street Lansdale, PA 19448

District Representative
Mark Fitzgerald, Esq.
Sweet, Stevens, Tucker & Katz 331 Butler Avenue
PO Box 5069
New Britain, PA 18901

Date of Transcript: April 15, 2007

Date of Decision April 20, 2007

Kenneth Rose Hearing Officer

Background

The student is a xx year-old ninth grade student identified as emotionally disturbed. She is diagnosed with Major Depressive Disorder, Post Traumatic Stress Syndrome, Oppositional Defiant Disorder and Physical and Sexual Abuse. She was born in the United States, but moved with her mother to [redacted] where she lived until five years ago when they returned to the U.S. She is fluent in English.

In November of 2005 she was placed in [residential treatment facility] for residential treatment and education. Residential Treatment Facility is a residential treatment facility (RTF). She left Residential Treatment Facility in April 2006 and returned home. She did not attend school in her home school district until September 2006. In September 2006 she started [redacted] School in the Philadelphia School District. She was absent and/or late most days. In November 2006 she was placed in [redacted], a group home run by [agency redacted], after being adjudicated dependent. Group Home is located in the North Penn School District.

She started school in North Penn School District on December 11, 2006 and had behavior problems almost immediately. The school district placed her in Private School, a private school for students with disabilities, on January 25, 2007.

The parent charges that the placement was for disciplinary reasons and done without a Manifestation Determination (MD). An expedited hearing was requested.

At the request of the attorney for the parent, a [language redacted] interpreter was provided for the hearing. The Hearing Officer is requesting that the Office of Dispute Resolution provide the parent with a copy of the decision in [language redacted].

The parent left the hearing early because of business concerns. Her attorney remained and represented her. The hearing continued.

Issues

1. Was the change of placement to the Private School appropriate?

2. Was a Manifestation Determination (MD) conducted?

3. Is the student due compensatory education from November 30, 2006 to when she started Private School?

LP-North-Penn-ODRNo-7444-06-07-AS

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