Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: Student
Date of Birth xx/xx/xx
Dates of Hearing:
April 24, 2007, April 25, 2007
CLOSED HEARING
ODR #7536/ 06-07 KE
Parties to the Hearing: Ms.
Franklin Towne Charter School 5301 Tacony Street, Box 310 Philadelphia, PA 19137
Representative:
Franca Palumbo, Esquire 1831 Chestnut Street Su. 300 Phiiladelphia, PA 19103
James Rocco, Esquire
Rocco Law Offices, LLC
200 South Broad St., Su. 1140 Philadelphia, PA 19102
Date Record Closed: April 25, 2007
Date of Decision: May 9, 2007
Hearing Officer: William F. Culleton, Jr., Esquire
INTRODUCTION
Student is a xx year old, 10th grade student at the Franklin Towne Charter High School (School), an LEA operating within the School District of Philadelphia. (NT 8-17 to 9-7; P-9.) The Student is diagnosed with Attention Deficit Hyperactivity Disorder and Oppositional Defiant Disorder, (NT 30-3 to 10); however, she has not been identified as a child with a disability. Her Grandmother, (Parent) requested due process to challenge the Student’s expulsion from the School without a manifestation determination. The Parent contends that the behavior leading to the Student’s expulsion was a manifestation of her disability, that the School knew this, and that the expulsion was contrary to the IDEA and Section 504.
The School counters that the Student is not in need of special education, that it had no “basis of knowledge” that the student was disabled at the time of her behavior, and that its evaluation subsequent to the behavior but before the expulsion finds the Student not to be a student with a disability within the meaning of the Act. Thus, it argues that it had no obligation to conduct a manifestation determination before imposing discipline.
ISSUES
1. Did the School have a basis of knowledge that the Student was a child with a disability prior to the conduct which precipitated her expulsion on February 26, 2007?
2. Did the February 22, 2007 Evaluation Report negate the School’s basis of knowledge that the Student was a child with a disability?
3. Should the School be ordered to reinstate the Student to attend classes?
4. Should the School be ordered to provide an independent educational evaluation at School expense?
5. Should the School be ordered to perform a manifestation review?
Student-Franklin-Towne-Charter-ODRNo-7536-06-07-KE