PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
DECISION
EXPEDITED DUE PROCESS HEARING
Name of Child: R.M.
ODR #5926/05-06 KE
Date of Birth: [redacted]
Date of Hearing: October 24, 2005
CLOSED HEARING
Parties to the Hearing: Parent[s]
Tredyffrin Easttown School District 738 First Avenue
Berwyn, Pennsylvania 19312
Representative:
Patricia O’Neill, Esquire 22 West Front Street Media, Pennsylvania 19063
Kenneth Roos, Esquire
Wisler, Pearlstone, Talone et al Office Court at Walton Point 484 Norristown Road, Suite 100 Blue Bell, Pennsylvania 19422
Date Transcript Received: October 27, 2005
Date of Decision: October 30, 2005
Hearing Officer: Linda M. Valentini, Psy.D.
Background
[Student] is a [teenaged], 9th grade, eligible student living in the Tredyffrin-Easttown School District (hereinafter District). [Student] was involved with other students in an incident involving taking [an object of school property] that was later found off school property. At a manifestation determination meeting in which [Student’s] parents, [redacted] (hereinafter Parents) participated, the school team members determined that the incident was not a manifestation of [Student’s] disability. The Parents requested this expedited hearing to challenge that finding.
Issue1
Did the manifestation determination team correctly determine that [Student’s] actions were not a manifestation of his disability?
R-M-Tredyffrin-Easttown-ODRNo-5926-05-06-KE