Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: [REDACTED]
Date of Birth: xx/xx/xxxx
Dates of Hearing: January 9, February 3, February 4, and February 5, 2009
CLOSED HEARING
ODR No. 9467/08-09 LS
Parties to the Hearing: Parents:
[REDACTED]
Parent Attorney:
Dean Beer, Esq. McAndrews Law Office 30 Cassatt Avenue Berwyn, PA 19312
School District:
Steven E. Lee, CEO
Chester Community Charter School 302 East 5th Street
Chester, PA 19013
School District Attorney: Leo A. Hackett, Esq. 300 West State Street Suite 301
Media, PA 19063
Date Record Closed: March 9, 2009
Date of Decision: March 20, 2009
Hearing Officer: Daniel J. Myers
INTRODUCTION AND PROCEDURAL HISTORY
[REDACTED] 1 (Student), a former student of the Chester Community Charter School2 (Charter School), contends that Charter School failed to provide Student a free appropriate public education (FAPE) from the 2002-2003 (2nd grade) school year through April 2008 by failing to evaluate and program appropriately for Student’s disabilities, as well as by allowing years of repeated bullying. The Charter School denies Student’s allegations and further argues that Student’s claims are limited by statute to a maximum of two years. Due process hearing sessions were conducted in January and February 2009, and the record was closed on March 9, 2009 with the parties’ written closing arguments. Both parties submitted additional materials after March 9, 2009, which have not been admitted into the record because they were untimely.
ISSUES
- Did the Charter School fail to address the “disability harassment,” or bullying, that Student continuously endured during Student’s years at the Charter School?
- Were the Charter School’s annual IEPs inappropriate?
- Was the Charter School’s 2006 reevaluation report inappropriate?
- Did the Charter School deny FAPE by illegally disenrolling Student?