Montessori Regional Charter School | Case 9477-08-09 | 2009-01-04

This is a redacted version of the original decision. Select details have been removed from the decision to preserve anonymity of the student. The redactions do not affect the substance of the document. Pennsylvania Special Education Hearing Officer DECISION Child’s Name: TM Date of Birth: xx/xx/xxxx Dates of Hearing: January 14, 2009 & February 18, 2009 CLOSED HEARING ODR Case # 9477-08-09-LS Parties to the Hearing: Representative: P r o S e Mr. Anthony Pirrello Ms. Jocelyn Kramer, Esquire Montessori Regional Charter School 445 Fort Pitt Boulevard 2910 Sterrettania Road Suite 503 Erie, PA 16506 Pittsburgh, PA 15219 Date Record Closed: February 18, 2009 Date of Decision: March 4, 2009 Hearing Officer: Jake McElligott, Esquire

2 INTRODUCTION AND PROCEDURAL HISTORY Student is a 9-year old student formerly attending the Montessori Regional Charter School (“Charter School”) who has been identified as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1. The Charter School filed a complaint based on its perceived need to change the student’s placement, a change which parent resisted. Since the initiation of the complaint, the student has been removed from the Charter School and has enrolled in the local public school system. For the reasons set forth below, I will dismiss this case. ISSUES Should this case move forward since the student no longer attends the Charter School? FINDINGS OF FACT 1 It is this hearing officer’s preference to cite to the implementing regulation of the IDEIA at 34 C.F.R. §§300.1-300.818.

3 1. The student is a 9-year old student who has mental retardation and speech/language impairment. 2. On November 20, 2008, the Charter School filed a special education due process complaint at 9477-08-09-LS over its perceived need to change the educational placement of the student. (Notes of Testimony [“NT”] at 12-14). 3. Parents resisted the change in placement (NT at 14-15). 4. On January 14, 2009, the initial hearing session was held with the Charter School presenting four witnesses. (See generally NT for January 14, 2009). 5. Testimony was to continue at a follow-up session of the hearing. 6. On or about February 2, 2009, the student’s mother sent an email communication to this hearing officer indicating that the student has been removed from the Charter School. (NT at 191, 193). 7. Since that time, the student has not attended the Charter School and has been enrolled in the local public school system. (NT at 193-196). DISCUSSION AND CONCLUSIONS OF LAW The provision of special education to students with disabilities in charter schools is governed by Pennsylvania law, which adopts many of the provisions of federal special education law.2 The Charter School 222 PA CODE §§711.1-711.62; in pertinent part, 34 C.F.R. §§300.1-300.818.

4 brought its complaint regarding its proposed educational placement for the student.3 (FF 2, 3). The student no longer attends the Charter School. (FF 6, 7). Therefore, a complaint about the student’s proposed placement at a school where the student no longer attends renders the complaint moot.4 CONCLUSION The student no longer attends the Charter School and now attends the local public school schools. As such, the Charter School’s complaint regarding its proposed change in the student’s educational placement at the Charter School is moot. • ORDER In accord with the findings of fact and conclusions of law as set forth above, the School’s complaint at 9477-08-09-LS is dismissed. Jake McElligott, Esquire Jake McElligott, Esquire Special Education Hearing Officer March 4, 2009 3 22 PA Code §711.62(c). 4 It is important to note that the only claims to be adjudicated in this hearing were prospective issues regarding the student’s proposed placement in the future. There were no counterclaims by the parents or any retrospective claim for compensatory education. NT at 14-18.