Student vs. Eastern York School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: [REDACTED]

Date of Birth: XX/XX/XX

Date of Hearing: February 23, 2009

CLOSED HEARING

ODR No. 9668/08-09 KE

Parties to the Hearing:

Parents: [REDACTED]

Representative:
Daniel Fennick, Esq. Anderson, Converse & Fennick 1423 East Market Street
York, PA 17403

School District:

Polly Lamison, Director of Special Education
Eastern York School District
120 South 3rd Street

P.O. Box 150 Wrightsville, PA 17368

School District Attorney:
Stephen Russell, Esq.
Stock & Leader
Susquehanna Commerce Center East 221 W. Philadelphia Street, 6th Floor York, PA 17404

Date Record Closed: February 23, 2009

Date of Decision: March 2, 2009

Hearing Officer: Daniel J. Myers

INTRODUCTION AND PROCEDURAL HISTORY

[REDACTED]1 (Student) has requested an expedited due process hearing to challenge the Eastern York School District’s (School District’s) decision to expel Student for the remainder of the 2008-2009 school year for violation of the Code of Student Conduct. Student, who has not been identified as a student with a disability, contends that the School District should have evaluated Student and conducted a manifestation determination before imposing discipline. For the reasons described below, I find for the Student.

ISSUES

Whether the Student should have received a manifestation determination required under federal regulations applicable to children not determined to be eligible for special education?

Student-Eastern-York-ODRNo-9668-08-09-KE

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