MM vs. West Shore School District

Special Education Hearing Officer

Child’s Name: M. M.
Date of Birth: xx/xx/xx

File Number: 6553/05-06 LS

Dates of Hearing: May 24, 2006


Parties to the Hearing:


West Shore School District
P.O. Box 803
New Cumberland, PA 17070-0803


Grace Deon, Esq. Eastburn and Gray
60 East Court Street Doylestown, PA 18901

Date Transcript Received: May 31, 2006

Date of Decision: June 2, 2006

Hearing Officer Name: Gregory J. Smith


STUDENT is a [teenaged] child with a disability who resides with his father within the area served by the West Shore School District. On March 10, 2006 and several days preceding March 10, 2006 STUDENT improperly and in an unauthorized manner used district computer equipment. Student’s actions were a violation of School Board policy and subject to disciplinary action. Because STUDENT is a child with a disability, an IEP team meeting was held to determine whether or not Student’s behavior subject to disciplinary action was a manifestation of his disability. The conclusion of the IEP team was that Student’s behavior was not a manifestation of his disability. Student’s father and the District’s at-risk counselor disagreed with that conclusion. On or about May 3, 2006 Student’s father requested the present hearing to challenge the conclusion of the IEP team.


Was the behavior of STUDENT subject to disciplinary action by the School District a manifestation of Student’s disability?


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