RC vs. Charter School at Pennsbury

Introduction

This matter arises under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. The Center for Student Learning Charter School at Pennsbury (the Charter) initiated this due process hearing by filing a Complaint with the Office for Dispute Resolution on February 11, 2014. In the Complaint, the Charter avers that it is not an appropriate placement for the Student. For relief, the Charter seeks an order for “a change of placement for the Student that will allow for the safety of [the] Student and [other Charter] students, faculty and staff.” Complaint at 5.

The Compliant does not specify a particular placement that the Student should move to. Rather, through the Compliant, the Charter avers that the Student requires a therapeutic placement to address behavioral needs, suggests that any of several Pennsylvania Approved Private Schools (APS or APSs) could be appropriate, and includes one specific example of such an APS.

After the Complaint was filed, a number of pre-hearing emails were exchanged, and a lengthy pre-hearing conference call was convened. Through those emails and the conference call, the issues presented in the Complaint were reduced to a single issue, that issue was clarified, and the parties entered joint stipulations. The stipulations, although few and concise, provide all of the facts necessary to resolve this matter. Consequently, a hearing session was not convened and this matter is resolved on the stipulated facts. The issue, detailed below, is almost entirely a legal dispute, separate and apart from any factual disagreement.

Issue

The sole issue presented in this matter is whether the Charter may transmit student records to third parties, over parental objection, for the purpose of securing an appropriate placement for the Student.