Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: D.J.
Date of Birth: [redacted]
Date of Hearing: July 30, 2015
OPEN HEARING
ODR Cases #16208-1415KE
Parties to the Hearing:
Parent[s]
School District of Philadelphia 440 North Broad Street
Suite 313
Philadelphia, PA 19130
Representative:
Pro Se
Andrea Cola, Esquire 440 North Broad Street Suite 313
Philadelphia, PA 19130
Date Record Closed: July 30, 2015
Date of Decision: August 26, 2015
Hearing Officer: Jake McElligott, Esquire
INTRODUCTION
[Student] (student)1 is a kindergarten student residing in the School District of Philadelphia (District) who has been identified as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (IDEA)2. The student has been identified under the terms of IDEA as a student with an intellectual disability and speech/language impairment.
For the 2014-2015 school year, the student transitioned from an early intervention program to kindergarten in the District. The District implemented the individualized education plan (“IEP”) from the early intervention program. By January 2015, the District had re-evaluated the student and proposed a new IEP. The student’s father disagreed with the District’s proposed IEP and placement. Ultimately, seeking to have the student’s education provided under the proposed IEP, the District filed the special education due process complaint which led to these proceedings.
For the reasons set forth below, I find in favor of the District, although the order contains directives for the student’s IEP team. Additionally, the District must provide a re-evaluation at public expense.
ISSUES
Has the District proposed an appropriate IEP and placement?
D-J-Philadelphia-ODRNo-16208-1415KE