Student vs. Chester Community Charter School

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: Student

Date of Birth: xx/xx/xx

Dates of Hearing: 10/16/08, 12/15/08, 1/5/09, 1/6/09

CLOSED HEARING

ODR No. 8960-07-08 KE

Parties to the Hearing: Parents:

School District:

Chester Community Charter School 302 East 5th Street
Chester, PA 19013
Student Attorney:

Lorrie McKinley, Esq. McKinley & Ryan, LLC 238 West Miner Street West Chester, PA 19382

School District Attorney:

Leo A. Hackett, Esq. 300 West State Street Suite 301
Media, PA 19063

Date Record Closed: February 10, 2009

Date of Decision: February 22, 2009

Hearing Officer: Daniel J. Myers

INTRODUCTION AND PROCEDURAL HISTORY

Student (Student)1 is a teenage student with disabilities who attended the Chester Community Charter School (Charter School) from 2nd Grade until 8th Grade graduation. Student and Student’s parents2 brought this administrative action against the Charter School on June 3, 2008, alleging that the Charter School denied Student a free and appropriate public education (FAPE) from 4th grade through 8th grade. They were given a continuance of the July 2008 hearing in order to retain an attorney. Their attorney filed an amended due process complaint on August 21, 2008 and, after the mandatory resolution period, the first hearing was conducted on October 16, 2008. After four hearing sessions, the record was closed on February 10, 2009 with submission of the parties’ written closing arguments. For the reasons described below, I find that the Charter School denied FAPE to Student from June 3, 2006 through the 2007-2008 school year.

ISSUES

1) Whether or not the Charter School provided FAPE to Student during 2004-2005?

2) Whether or not the Charter School provided FAPE to Student during 2005-2006?

3) Whether or not the Charter School provided FAPE to Student during 2006-2007?

4) Whether or not the Charter School provided FAPE to Student during 2007-2008?

Student-Chester-Community-Charter-ODRNo-8960-07-08-KE

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