Sweet Stevens Secures Favorable Ruling for District Challenged over Student’s Discipline
News Release
New Britain, PA – Sweet, Stevens, Katz & Williams LLP attorney Rose E. McHugh has successfully defended the Unionville-Chadds Ford School District in a special education due process hearing on whether a student’s disciplined actions were a manifestation of a disability and whether the district provided appropriate educational services during a period of suspension.
The 12th grade student at the subject of the hearing was facing disciplinary consequences regarding two incidents that occurred on a single date in late 2024. The proposed discipline triggered special education protections and a manifestation determination.
The student’s parents contested the decision, asserting that the behaviors were linked to executive functioning challenges and emotional distress. They also sought compensatory education for instructional time missed. The hearing officer ultimately ruled in favor of the district, affirming that the behavior was not a manifestation of the student’s disability, and that the manifestation decision was appropriate. Additionally, the hearing officer found that there was no denial of a FAPE, or free appropriate public education, during the period of removal and that the district had fulfilled its obligations under the Individuals with Disabilities Education Act (IDEA).
Sweet, Stevens, Katz & Williams, LLP was formed in 1995 by nine experienced education lawyers who created the first private law practice in Pennsylvania dedicated entirely to Education Law. Since then, the firm has grown to 26 attorneys who represent over 290 school and municipal entities as Solicitors or as Special Counsel in more than 50 counties throughout Pennsylvania, and in additional practice areas, such as Construction Law, Tax Assessment Appeals, Audit of Operations and Practices, Real Estate Law and Oil, Gas and Mineral Law.