Special Education Hearing Officer
Child’s Name: Student
Date of Birth: xx/xx/xx
ODR No. 01141-0910 KE
Parties to the Hearing:
York Suburban School District 1800 Hollywood Drive
York, PA 17403-4256
Daniel M. Fennick, Esquire Anderson, Converse and Fennick 1423 East Market Street
York, PA 17403
Jane M. Williams, Esquire
Sweet, Stevens, Katz & Williams LLP 331 E. Butler Avenue
New Britain, PA 18901
Date of Resolution Session June 7, 2010
Dates of Hearing: July 29, 2010, August 13, 2010
Record Closed: August 20, 2010
Date of Decision: August 31, 2010
Hearing Officer: William F. Culleton, Jr., Esquire
INTRODUCTION AND PROCEDURAL HISTORY
Student (Student) is a teen-aged student of the York Suburban School District (District), who was in ninth grade during the 2009-2010 school year. (NT 7-16 to 8-24.) Student is not identified as a child with a disability under either the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA), or the Rehabilitation Act of 1973, section 504, 29 U.S.C. §794 (section 504). Ibid. The Student was expelled after the District determined that Student’s violation of the District Code of Student Conduct was not a manifestation of any disability. (P- 7.)
(Parents) requested this due process proceeding, asserting that the Student was thought to be a child with a disability under IDEA and section 504, and that the District had determined inappropriately that the Student’s violation of the Code of Student Conduct was not a manifestation of Student’s disability, which they alleged to be a Serious Emotional Disturbance. (S-18.) The District denies any prior notice that the Student was thought to be eligible, and asserts that the Student’s behavior was not the product of a disability.
The hearing was conducted and concluded in two sessions on July 29, 2010 and August 13, 2010. Written summations were received on August 20, 2010, whereupon the record closed.
- As defined in the IDEA and its implementing regulations, did the District know or is it deemed to have known that the Student was a child with a disability?
- Was the Student’s conduct in violation of the District’s Code of Student Conduct a manifestation of such disability?
- On or before March 29, 2010, was the Student disabled within the meaning of section 504 and was Student protected from disciplinary expulsion for Student’s violation of the District’s Code of Student conduct?