TP vs. School District of Philadelphia

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: T.P.

Date of Birth: [redacted]

ODR No. 3041-11-12-KE

CLOSED HEARING

Parties to the Hearing: Parent

School District of Philadelphia 440 North Broad Street, Suite 313 Philadelphia, PA 19130

Representative:

Mimi Rose, Esquire
1601 Walnut Street, Suite 1017 Philadelphia, PA 19102

Timothy E. Gilsbach, Esquire Fox, Rothschild, LLP
10 Sentry Parkway, Suite 200 Blue Bell, PA 19422-3001

Date of Hearing: May 8, 2012

Record Closed: May 8, 2012

Date of Decision: May 22, 2012

Hearing Officer: William F. Culleton, Esquire, CHO

INTRODUCTION AND PROCEDURAL HISTORY

The child named in the title page of this decision (Student) is an eligible student enrolled in the District named in the title page of this decision (District). Student is placed in Student’s neighborhood elementary school (School). Parent appeals the District’s manifestation determination concerning Student’s violation of the District’s Student Code of Conduct, pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). The District asserts that the Student’s behavior was not a manifestation of Student’s identified disability, and that it should be allowed to transfer1 Student to an interim alternative educational setting. The Parent contends that the District’s manifestation determination was predetermined and that the Student’s behavior was in fact a manifestation of Student’s identified disabilities.

The hearing was concluded in one session on an expedited basis, and the record closed at that session. I conclude that the District’s manifestation determination was inappropriate, and I order that the Student not be removed from Student’s neighborhood school on account of the behavior that resulted in violation of the Student Code of Conduct.

ISSUES

1. Was the District’s manifestation determination appropriate?

2. Should the hearing officer order that the Student not be removed from Student’s neighborhood school on account of the behavior that resulted in violation of the Student Code of Conduct?

T-P-School-District-of-Philadelphia-ODRNo-3041-11-12-KE

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