TW vs. People for People Charter School

Pennsylvania
Special Education Hearing Officer

FINAL DECISION AND ORDER

Student’s Name: T. W.

Date of Birth: [redacted]

ODR No. 13587-1213AS

CLOSED HEARING

Parties to the Hearing:

Parent

People for People Charter School 800 N. Broad Street
Philadelphia, PA 19130

Representative:

Dean M. Beer, Esq. 30 Cassatt Avenue 19312

Berwyn , PA

Maureen Fitzgerald, Esq.
620 Freedom Business Center Suite 300 King of Prussia, PA 19406-1330

Date of Hearing: August 19, 2013

Record Closed: September 13, 20131

Date of Decision: September 20, 2013

Hearing Officer: Brian Jason Ford, Esq.

Introduction

The Student attended the Charter from the start of the 2005-06 school year through the 2008-2009 school year.2 On February 28, 2013, the Parent requested this due process hearing, alleging a number of violations of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (IDEA) and Section 504 of the Rehabilitation Act of 1973, 34 C.F.R. Part 104.4 (Section 504). The Parent claims that the Student was denied a free appropriate public education (FAPE) during this time and, as a remedy, the Parent demands “Full days of compensatory education from September 2005 through June 2009.” Complaint at 3.

The Charter has moved to dismiss the Parent’s Complaint as untimely, arguing that the Parent’s claims are time-barred by the IDEA’s two year statute of limitations, codified at 20 U.S.C. § 1415(b)(6)(B); 34 C.F.R. § 300.507(a)(2). The Parent denies that the Complaint is untimely, and argues that exceptions to the IDEA’s statute of limitations apply even if the Complaint is untimely.

I bifurcated this matter to address the statute of limitations first. An evidentiary hearing was convened on August 20, 2013. Both parties submitted evidence and testimony during that hearing. I also granted the parties’ request to submit post-hearing briefs, which were submitted on September 13, 2013.

For reasons set forth below, I will grant the District’s motion and dismiss the Parent’s complaint as untimely.

Issues

Was the Parent’s Complaint timely?

If the Parent’s Complaint was untimely, does the withholding exception to the IDEA’s statute of limitations permit the otherwise untimely filing?

T-W-People-for-People-Charter-ODRNo-13587-1213AS

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