SV vs. Partners Charter School

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: S.V.

Date of Birth: [redacted]

ODR No. 17224-15-16-AS

CLOSED HEARING

Parties to the Hearing: Parent[s]

Walter D. Palmer Leadership Learning Partners Charter School 910 North 6th Street
Philadelphia, PA 19123

Representative:

Daniel B. Cooper, Esquire
Law Offices of Kenneth S. Cooper 45 East City Avenue, # 400
Bala Cynwyd, PA 19004

Not Appearing

Date of Hearing: March 3, 2016

Record Closed: March 13, 2016

Date of Decision: March 26, 2016

Hearing Officer: William F. Culleton, Jr., Esquire, CHO

INTRODUCTION AND PROCEDURAL HISTORY

The child named in this matter (Student)1 was a student of the charter school (School) named in this matter, from kindergarten to seventh grade; in the middle of Student’s seventh grade year, December 2014, the School closed, and Student enrolled in a middle school of the Student’s school district of residence (District). Student’s mother (Parent) filed this due process request, pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). Parent asserts that the School failed to comply with its Child Find obligations under the IDEA, by failing to identify Student in a timely fashion as a child with a disability. Parent also asserts that the School failed to provide Student with a free appropriate public education (FAPE) as required by the IDEA. Parent seeks full days of compensatory education from the beginning of Student’s kindergarten year in 2007 to the date on which the School closed in December 2014.

The respondent School is closed and did not appear for the scheduled hearing, despite the receipt of notice by an individual identified in ODR records as a contact for the School.

The hearing was completed in one session. I have determined the credibility of all witnesses and I have considered and weighed all of the evidence of record. I conclude that the School failed inappropriately to identify Student pursuant to its Child Find obligation and failed to provide Student with a FAPE for a portion of the time claimed by Parent.

ISSUES

  1. During the relevant period from the first day of school in the School’s 2007-2008 school year until the last day of school in December 2014, did the School fail to comply with its Child Find obligations under the IDEA by failing to conduct an initial evaluation of the Student?During the relevant period, did the School fail to provide Student with an appropriate placement?
  2. During the relevant period, did the School fail to provide Student with a FAPE as defined by the IDEA?
  3. Should the hearing officer order the School to provide Student with compensatory education for or on account of all or any part of the relevant period?
S-V-Learning-Partners-Charter-ODRNo-17224-15-16-AS

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