SM vs. New Media Technology Charter School

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: SM

ODR #7268/06-07 AS

Date of Birth: xx/xx/xx

Date of Hearing: May 4, 2007

CLOSED HEARING

Parties to the Hearing: Mr. and Mrs.

New Media Technology Charter School 7800 Ogontz Avenue
Philadelphia, Pennsylvania 19150

Representative: Pro Se

Lawrence Dodds, Esquire Wisler, Pearlstine and Talone 484 Norristown Road, Suite 100 Blue Bell, Pennsylvania 19422

Date Transcript Received: May 10, 2007

Date of Decision: May 13, 2007

Hearing Officer: Linda M. Valentini, Psy.D.

Background1

Student is an xx-year-old student who attended the New Media Technology Charter School (hereinafter New Media) for the 2005-2006 school year and is now attending a regular education private school2. He was evaluated in May 2006 and found eligible for special education services as a student with an Other Health Impairment (ADHD), with a secondary classification of Emotional Disturbance. An IEP was prepared pursuant to the evaluation.

Student’s parents, Mr. and Mrs. (hereinafter Parents), requested this hearing because they believe that Student should have been evaluated earlier in the 2005-2006 school year and given special education services; they are requesting compensatory education for a denial of a free, appropriate public education (FAPE).

New Media maintains that its evaluation of Student was timely and that no compensatory education is due.

Issues3

Did the New Media Technology Charter School fail to timely identify Student and offer him a free appropriate public education for the school year 2005-2006?

If the New Media Technology Charter School did fail to timely identify and offer Student a free, appropriate public education for the school year 2005-2006, is he entitled to compensatory education and in what kind and amount?

SM-New-Media-Technology-Charter-ODRNo-7268-06-07-AS

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