Walter D Palmer Leadership Learning Partners Charter School | Case 15671-14-15 | 2015-01-12

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 Name of Child: S.P. ODR # 15671-1415 KE Date of Birth: [redacted] Stipulated Facts Provided by the Parties January 12, 2015 Parties to the Hearing: Representative: Parent[s] Jessica Nguyen, Esquire Heidi Konkler-Goldsmith, Esquire M c A n d r e w s L a w O f f i c e s 30 Cassatt Avenue Berwyn, PA 19312 Walter D. Palmer Charter School John Pund, Esquire 910 N. 6 th Street JLP and Associates Philadelphia, PA 19123 The Ellis House 3837 West Chester Pike Newtown Square, PA 19073 Date Stipulations Received: January 12, 2015 Date of Order: January 12, 2015 Hearing Officer: Linda M. Valentini, Psy.D., CHO C e r t i f i e d H e a r i n g O f f i c i a l

2 Background Student is a teenaged student formerly enrolled in the Walter D. Palmer Charter School [Charter School]. Pursuant to a Due Process Request which the Parent [Parent] filed on December 4, 2014 a hearing was scheduled for January 15, 2015. In lieu of a hearing the Parent and the School through their respective attorneys submitted the Stipulations of Fact presented below and asked that the hearing officer issue a ruling as a matter of law without conducting a due process hearing. The hearing officer agreed that this was a reasonable way to proceed given that the facts are not in dispute. Issue Must the School pay for the Independent Education Evaluation the Parent obtained? Stipulated Facts The following facts are not in dispute: 1. Student is a teenaged eighth grade student who enrolled at [the] Charter School [Charter School] in October 2013. 2. In March 2014, the Charter School approved Parent's request for an Independent Educational Evaluation at public expense in order to determine the Student's current level of functioning and agreed to allow Dr. S, a certified neuropsychologist, to conduct the evaluation. 3. On April 23, 2014, Mr. W, CEO of the Charter School, acknowledged in writing its obligation to pay Dr. S for completing an independent neuropsychological evaluation for the Student. 1 4. Dr. S completed the independent neuropsychological report for the Student in August 2014.2 5. On or around August 24, 2014, Dr. S submitted an invoice totaling $4,000.00 for services rendered to Dr. W.3 6. As of December 4, 2014, Dr. S has not received payment in full from the 1 This document was provided as Exhibit A. 2 This document was provided as Exhibit B. 3 This document was provided as Exhibit C.

3 Charter School. 7. On December 4, 2014, Parent filed for due process against the Charter School seeking full payment for the independent neuropsychological evaluation and reasonable attorney's fees and costs. 8. Parent seeks an order compelling the Charter School to remit full payment in the amount of $4,000 to Dr. S and to pay reasonable attorney's fees and costs. Conclusion The document laying out the above Stipulations was signed by the attorney for the Parent and the attorney for the Charter School. The request for a ruling as a matter of law without the need for a due process hearing is appropriate in the interest of economy and a timely resolution of the matter. The Proposed Order will be issued, but with a modification. Although the Parent is the prevailing party in this matter, hearing officers do not have the authority to award/order attorney fees and costs and therefore that portion of the Proposed Order has been eliminated from the Order. Order In light of the above, it is hereby ORDERED that: [The] Charter School shall pay Dr. S the amount of $4,000.00 for the completion of the Independent Educational Evaluation. The Parent is the prevailing party in this action. January 12, 2015 Linda M. Valentini, Psy.D., CHO Date Linda M. Valentini, Psy.D., CHO Special Education Hearing Officer NAHO Certified Hearing Official