NK vs. Franklin Towne Charter

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION

DUE PROCESS HEARING

Name of Child: N.K.

ODR #3293/11-12-KE

Date of Birth: [redacted]

Date of Hearing:
July 25, 2012, 2:34 pm -8:28 pm

CLOSED HEARING

Parties to the Hearing: Parent

Parent

Franklin Towne Charter Elementary 4259 Richmond Street
Philadelphia, PA 19137

Representative:
Kenneth Cooper, Esquire 45 E. City Avenue, #400 Bala Cynwyd, PA 19004

Timothy Gilsbach, Esquire Fox Rothschild
10 Sentry Parkway Suite 200 Blue Bell, PA 19422

Date Record Closed: July 25, 2012

Decision Due Date: September 2, 2012

Date of Decision: August 12, 2012

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

Background

Student1 is a pre-teen aged pupil attending Franklin Towne Charter Elementary School [Charter School]. Student is eligible for special education pursuant to the Individuals with Disabilities Education Act [IDEA]2 under the classification of Emotional Disturbance, and consequently is a protected handicapped individual under Section 504 of the Rehabilitation Act of 1973 [Section 504],3 as well as the federal and state regulations implementing those statutes.

The IEP team has determined that Student requires placement in an Approved Private School [APS] to receive a free appropriate public education [FAPE]. The Parents4 maintain that the Charter School predetermined Student’s placement, and further they disagree with the School’s choice of the particular APS. They seek placement at another APS which they prefer.

Issues

  1. Did the Franklin Towne Charter Elementary School commit a procedural violation by predetermining the proposed placement without offering the Parents meaningful participation in the process?
  2. Is the APS placement at Delta offered to Student by the Franklin Towne Charter Elementary School appropriate?
N-K-Franklin-Towne-Charter-Elementary-ODRNo-3293-11-12-KE

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