Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: T.B.
Date of Birth: [redacted]
Dates of Hearing:
November 27, 2012 December 4, 2012
CLOSED HEARING
ODR Case # 13101-1213KE
Parties to the Hearing: Parent
Achievement House Cyber Charter School 600 Eagleview Boulevard
1st Floor
Exton, PA 19341
Representative: Pro Se
Jeffrey Champagne, Esquire 100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
Date Record Closed: December 21, 2012
Date of Decision: January 4, 2013
Hearing Officer: Jake McElligott, Esquire
INTRODUCTION AND PROCEDURAL HISTORY
[Student] (“student”) is a [teenaged] student who is a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1. Specifically, the student is identified with an emotional disturbance. The student is enrolled in the Achievement House Cyber Charter School (“Charter School”). Parent claims that the student’s placement should include programming at a vocational education school which the student attended previous to enrolling in the Charter School. The Charter School counters that it is not obligated to provide the site-specific placement requested by parent. For the reasons set forth below, I find in favor of the Charter School, although the order includes instructions for the student’s individualized education plan “(IEP”) team.
ISSUES
Must the Charter School provide a placement for the student at the vocational education school which the student previously attended?