TB vs. Cyber Charter School

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?

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