RB vs. Mastery Charter School

IN THE PENNSYLVANIA OFFICE FOR DISPUTE RESOLUTION

Final Decision and Order

ODR File No. 02001-1011AS

OPEN HEARING

Child’s Name: R.B.

Date of Birth: [redacted]

Hearing Date: August 15, 2011

Parties to the Hearing

Mastery Charter School, Pickett Campus 5700 Wayne Avenue
Philadelphia, PA 19144

Parent[s]

Representative

Lucas Repka, Esquire
King Spry Herman Freund and Faul, LLC 1 West Broad Street
Suite 700
Bethlehem, PA 18018

Pro se

Record Closed: August 20, 2011

Date of Decision: August 29, 2011

Hearing Officer: Brian Jason Ford

Introduction

The single issue presented in this due process hearing is whether the Mastery Charter School, [Redacted] Campus ([Charter School]) may perform an educational reevaluation of the Student over parental objection.1 More specifically, Charter School wishes to use the consent override procedures set forth in the regulations implementing the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (IDEA). See 34 C.F.R. 300.300(c)(1)(II). The Student has missed a considerable amount of school, and Charter School claims that the reevaluation is necessary to determine the Student’s needs and provide an appropriate program.

R-B-Mastery-Charter-ODRNo-02001-1011AS

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