TS vs. Southern York County SD

Manifestation Determination Hearing for T.S.

Date of Birth: x/xx/xx
ODR File Number: 6126/05-06/AS

Date of Hearing: January 3, 2006

CLOSED HEARING

Parties:

Southern York County SD 3280 Fissels Church Rd. PO Box 128
Glen Rock, PA 17327-0128

Representative:

Daniel Fennick, Esq. Anderson, Converse & Fennick 1423 E. Market St.
York, PA 17403

Hollie John, Esq.
Sweet Stevens Tucker Katz PO Box 5069
New Britain, PA 18901

Date Transcript/Exhibits Received: 1/6/06

Date Closing Statements/Record Closure: 1/6/06

Date of Decision: 1/15/06

Hearing Officer: Joy Waters Fleming, Esq

Background

Student, “Student” is a [teenaged] eligible student residing within the geographical boundaries of the Southern York School District, “District”. After Student was found in violation of the District’s policy prohibiting the “use or possession, or being under the influence of drugs…, or unauthorized substances…” the District conducted a manifestation determination that resulted in a finding that student’s behavior was not a manifestation of his disability. Parent initially agreed with the determination and later indicated disagreement. She sought this hearing to establish whether the conclusion of the team was appropriate.

Issue

Was the District’s Manifestation Determination regarding student appropriate?

T-S-Southern-York-County-ODRNo-6126-05-06-AS

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