CC vs. School District of Philadelphia

This is a redacted version of the original hearing officer decision. Select details may have been removed
from the decision to preserve anonymity of the student. The redactions do not affect the substance of the
document.

DECISION

Due Process Hearing for CC

ODR File No. 7939/07-08 LS

Date of Birth: xx/xx/xx

Date of Hearing: October 29, October 30, 2007 – Closed Hearing

Parties to the Hearing:

School District of Philadelphia 440 N. Broad Street, 3rd Floor Philadelphia, PA 19130

Representative:

Heather M. Hulse, Esq. McAndrews Law Offices 30 Casatt Avenue Berwyn, PA 19312

Kimberly A. Caputo, Esquire Assistant General Counsel

School District of Philadelphia 440 N. Broad Street, 3rd Floor Philadelphia, PA 19130

Hearing Officer: Debra K. Wallet, Esq.

Record Closed: January 2, 2008

Date of Decision: January 17, 2008

 

BACKGROUND:

Student is a xx-year-old (date of birth xx/xx/xx) student attending the [redacted] High School within The School District of Philadelphia [hereinafter School District]. Although Student has average intellectual ability, she has been diagnosed with a Specific Learning Disability in reading. Because of her age, Student is also eligible for transition services.

Parent’s due process complaint requests compensatory education from the 1999-2000 school year through the 2006-2007 school year, with the exception of the 2005-2006 school year when the School District was not the Local Educational Agency (LEA).

The legal issues to be decided are the application of the statute of limitations and the exceptions thereto under The Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C. §1400 et seq. [hereinafter IDEIA], the provision of appropriate programs and placements for those years not barred by the statute of limitations, and the School District’s Child Find obligations.

ISSUES:

  1. Are claims prior to July 27, 20051 barred by the statute of limitations?
  2. Does either of the exceptions to the two-year limitation period apply in this case?
  3. Was Student provided FAPE from July 27, 2005 through the balance of the summer?
  4. Was the Student provided with FAPE during the 2006-2007 school year?
  5. Has the School District failed in its Child Find obligations?
CC-School-District-of-Philadelphia-ODRNo-7939-07-08-LS

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