Special Education Hearing Officer
Child’s Name: M.B.
Date of Birth: [redacted]
Dates of Hearing: 9/14/2016
ODR File No. 17929-15-16
Parties to the Hearing:
Local Education Agency
New Media Technology Charter School 8034 Thouron Avenue
Philadelphia, PA 19150
Daniel Cooper Esq.
Law Offices of Kenneth S. Cooper 45 E. City Avenue, #400
Bala Cynwyd, PA 19004 610-608-6185
LEA Attorney Unrepresented
Date Record Closed: October 14, 2016
Date of Decision: November 8, 2016
Hearing Officer: Charles Jelley Esq. LL.M
During the 2015-2016 school year, the Student1 was enrolled at the New Media Charter School (Charter School) for sixth grade. In June 2016, the Charter School closed. The Student is now enrolled in the Student’s school district of residence and is repeating sixth grade. Student’s mother (Parent) filed this due process request, pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA) and Section 504 of the Rehabilitations Act.
Parent asserts that the Charter School failed to comply with the IDEA, by failing to implement the Student’s Individualized Education Program (IEP). Parent also asserts that the School failed to provide Student with a free appropriate public education (FAPE) as required by the IDEA. Parent seeks full days of compensatory education for the entire 2015-2016 school year. The Charter School is now closed and did not appear for the scheduled hearing. The Office for Dispute Resolution (ODR) and Parent’s counsel provided the Charter School advanced notice of the hearing date, to an individual identified in ODR records as a contact for the School. The hearing was completed in one session with testimony from one witness. I have determined the credibility of the single witness and I have considered and weighed all of the written evidence in the record. I conclude that the Charter School failed to appropriately educate the Student.
- During the relevant period from the first day of school in the School’s 2015- 2016 school year until the last day of school in June 2016, did the School fail to implement the Student’s Individualized Education Program (IEP)?
- During the relevant period, from the first day of school in the School’s 2015- 2016 school year until the last day of school in June 2016, did the School fail to provide Student with FAPE as defined by the IDEA and Section 504?
- Should the hearing officer order the Charter School to provide the Student with compensatory education for of all or any part of the relevant period?