Student vs. Centennial School District

Pennsylvania
Special Education Hearing Officer

DECISION

IN RE: A STUDENT RESIDING IN THE

Date of Birth: [REDACTED]

Date of Hearing: 09/16/08

CLOSED HEARING

ODR No. 9181/08-09 LS

CENTENNIEL SCHOOL DISTRICT

Parties to the Hearing:

Parents [REDACTED]

School District
Centennial School District 433 Centennial Road Warminster PA 18974-5448

Representative:

Parent Attorney: Frederick Stanczak, Esq. 179 North Broad Street Doylestown, PA 18901

School District Attorney: Andria Saia, Esq.
Levin Legal Group
1402 Mason Mills

Business Park
1800 Byberry Road Huntingdon Valley, PA 19006

Date Record Closed: September 24, 2008

Date of Decision: October 9, 2008

Hearing Officer: Anne L. Carroll, Esq.

INTRODUCTION AND PROCEDURAL HISTORY

This case was commenced when Parents submitted a due process complaint to the Office for Dispute Resolution on or about August 18, 2008, in accordance with two decisions of the United States District Court for the Eastern District of Pennsylvania.
The Court ordered the parties to return to the administrative hearing level for a factual/legal determination of two issues: 1) The procedures provided to the Student in connection with the District’s November 2007 decision to expel him for a serious violation of District rules; 2) whether such procedures fulfilled the District’s obligation to provide due process protections to this Student under §504 of the Rehabilitation Act of 1973, and its implementing regulations.

A half day hearing session was held on September 16, 2008. Although this case was originally designated an expedited case, it did not truly fit within that category since it does not involve an issue of immediate discipline. The expulsion proceedings in the School District and the original due process hearing proceedings arising from that series of events occurred approximately a year ago. The Student is currently enrolled in a private school at his Parents’ expense for the second school year. Accordingly, with the agreement of the parties, the “expedited” designation was removed at the due process hearing.

ISSUES

1. What process did the Centennial School District provide to Student in connection with reaching and carrying out its decision to expel him from the School District for a serious infraction of School District rules?

2 Did the process Centennial School District provided to Student in connection with his expulsion satisfy the requirements of due process under §504 of the Rehabilitation Act?

Student-Centennial-ODRNo-9181-08-09-LS

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