Document 6526443

CASE CLOSURE SUMMARY
REPORT
t be used as a cover sheetfor the hearing officer's decision
ng and submitted to the Department of Education before b
PUBLIC SCHOOLS
,
School Division
Name of Parents
JULY 5,
Name of Child
CAReL'S.
Date of Decision or Dismissal
.MCCOSKR!E,' ESQ.
HOWARDD. DEINER,
Counsel Representing LEA
SCHOOL DIVISION
Party Initiating Hearing
Prevailing Party
Hearing Officer's Determination ofIssue(s):
Whether
the school
superintendent's
property
Whether
ESQ.
Counsel Representing Parent/Child
PARENTS
on school
2004
is
there
reviewable
expelling
by the
was any connection
hearing
between
her illegal
actions
in selling
drugs
Whether
student
was provided
F.A.P.E.
of
student
foE selling-d-"Jrug:
officer.
student's
disability
on school property.
during
her expulsion
(ADD) and
from
school.
action
of
Hearing Officer's Orders and Outcome of Hearing:
That
Hearing
Scheol
That
her
That
Officer
does
Superintendent
there
actions
student
in
not
expelling
was no Connection
in
selling
was given
have
banned
F.A.P.E.
authority
of
to
review
the
student.
between
student's
drugs
on school
by the
school
disability
(ADD) and
property.
during
her
expulsion.
This certifies that I have completed this hearing in accordancewith regulations and have advisedthe
parties of their appealrights in writing. The written decision from this hearing is attached in which I
have also advised the LEA of its responsibility to submit an implementation plan to the parties, the
hearing officer, and the SEA within 45 calendar days.
_Printed
EDWARD
Name
R. JOHNSON
of Hearing Officer
~~~~~~~=
Signature
~"h--k"""1-8'-\
IJ
VIRGINIA DEPARTMENT OF EDUCATION
OFFICE OF DISPUTERESOLUTIONAND ADMNISTRATIVE SERVICES
PUBLIC SCHOOLS
AND
Parents
,
Student
,
PUBLIC SCHOOLS,
SchoolDivision
I
FINDINGS OF FACT AND CONCLUSIONSOF LAW
This mattercameon for a Due ProcessHearing in
.Virginia before
Edward R Johnson,duly appointedhearingofficer, on June 16, 2004,under the authorizationof the
Individuals with Disabilities EducationAct (IDEA) at 20 U.S.C.Section1400et. Seq.and implementing
StateRegulations.
Appearances:
, Assistant
Attorney
, Assistant
Attorney
" Esq. Attorney for parents
, Intern
Dr
) Director SpecialEducation
, SupervisorSpecialPrograms
, mother
.father
is 16yearsof ageand a studentin the
(
Public Schools.
PS.)During the 2003-2004schoolyear shewasenrolledin the 11thgrade at
High
School( HS).
had beendiagnosedwith attentiondeficit disorder(ADD) and had beenprescribed
Adderall,a prescriptiondrug, for this condition.
On March 5, 2004,anotherstudentreportedto
High School,that
meetingwith
)
(),
an assistantprincipal at
wasselling her Adderall to otherstudents. Mr.
, and
.an
arrangeda
Police Officer
on duty at
High School.At this meeting
studentsat .High
readily admittedto selling the drug to other
Schoolon about20 different occasions.
As a result of this finding
was expelledby the Superintendentof schoolsfor a period of
ten dayson March 5, 2004and could not return to schooluntil March 17,2004.
A "casual" hearingwas held on March 19, 2004and it was determinedthat therewas no
connectionbetween's
disability and her illegal actionsin selling the drug Adderall.
The questionhas arisenasto whetherthe schoolsuperintendent'sexpelling of
for
sellingdrugsis reviewableby the hearingofficer. It seemsto be the law in Virginia and many other
jurisdictions that a hearingofficer doesnot have authorityto review a schoolboard's expulsiondecision.
If reviewedit must bedoneby the schoolsuperintendent.
20 USC /Sect. 1415(b)(6)spellsour the issueswhich may be raised in a specialeducation
hearing.They are to providethe parentsand studentswith "an opportunityto presentcomplaintswith
respectto any matter regardingrelatingto identification, evaluationof educationalplacementof the child,
or the provision of a free appropriatepublic educationto suchchild."
The partiesare not without remedies.They may appealto the circuit court havingjurisdiction to
reviewthe action of the schoolboard.Va. CodeAnn. Section22.1-87(Michie2003). Thereforethe
hearing officer will not review the decisionof the schoolsuperintendent.
Thereis a questionof whether
was givenF.A.P.E. during her expulsion.The hearing
officer believesthat shewasprovided F.A.P.E. Shewas provided with appropriatestudyaidsby
PS
personnelduring this time. From the time of her first suspension
beginning on March 8, 2004
..the Student'scounselorat HS, and
workedto get
's specialeducationmonitor,
,'s schoolwork senthome for her to do. Sometimes
's friends would pick
up the work, but oftenpackagesof work werepicked up by her friends and family membersfrom the
counselingoffice at HS.
RIGHT OF APPEAL. Right of Appealis governedby 8VAC 20-76.0.This regulationprovides
that "a decisionby the hearingofficer in anyhearing, including an expeditedhearing, shall be final and
binding unlessthe decisionis appealedby a party in a statecircuit court within oneyear of the issuanceof
the decisionor in a federaldistrict court.
Datedthis 5thday of July, 2004.
U
/\(i-;>/}Y
Ed~~ JO-:::_v~~
~
Hearin~ Officer
Copiesfurnishedto:
, Ed. D., Director SpecialEducation
Esq., Counselfor studentand parents
.Esq. Counselfor
Public Schools
" Esq. Counselfor
Public Schools
Virginia Departmentof Education,Officeof Dispute Resolutionand Administrative Services
I
"
II