SF vs. Franklin Towne Charter High School

I. BACKGROUND

Student is a [teenaged] former student of the Franklin Towne Charter High School (hereinafter Charter School). She has a history of academic and behavior problems during the 2004-2005 school year. She is eligible for special education and related services as a student needing learning support. During the 2004-2005 school year she also receive counseling services of 60 minutes/week. In August 2005 an IEP meeting was held and the amount of counseling services was changed to 30 minutes/month.

During the fall of 2005 she started to exhibit behavior problems. The Charter School completed a functional behavioral analysis and worked with Student on contingency contracting. In December 2005, Student went into a different classroom and [was aggressive to another student who went] to the hospital. Student was removed from school and in January 2006 a manifestation determination meeting was held. The manifestation determination review indicated the behavior in question was not a manifestation of her disability. The guardian disagreed with the manifestation review and requested the present due process hearing.

The due process hearing was delayed to allow the guardian to obtain an advocate, scheduling difficulties with counsel, and because the guardian did not seek to have Student return to the Charter School, instead wanting Student to attend a different school.