DR vs. School District of Philadelphia

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: D.R.

ODR #2225/11-12-KE

Date of Birth: [redacted]

Dates of Hearing:

October 21, 2011 November 15 2011 January 17, 2012 January 31, 2012

CLOSED HEARING

Parties to the Hearing:

Parents

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

Representative:
Tanya Alvarado, Esquire McAndrews Law Offices 30 Cassatt Avenue Berwyn, PA 19312

Heather Matejik, Esquire
Levin Legal Group
1301 Masons Mill Business Park 1800 Byberry Road
Huntingdon Valley, PA 19006

Date Record Closed: February 27, 2012

Date of Decision: March 21, 2012

Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official

 

Background

Student1 is a late teen aged eligible child with a classification of specific learning disability in reading and math who resides in the School District of Philadelphia [“District”] and currently attends a private school [“private school”] for children with learning differences. Student has never attended public school although Student’s father and mother [“Parents”] requested and received an evaluation from the District in July 2006.

The Parents believe that the District failed to offer Student a free appropriate public education [“FAPE”] and that they should be reimbursed for the cost of a private evaluation they obtained for Student in 2010 and for a portion of Student’s private school tuition for the 2010-2011 school year and the entire 2011-2012 school year.

This hearing was conducted in conjunction with a hearing for Student’s sibling, such that each case had about half of each hearing day. Since there were two separate cases, the date for closing arguments and the Decision Due Dates were scheduled accordingly.

Issues

  1. Should the District be required to reimburse the Parents for the independent educational evaluation they obtained for Student in July/August 2010?
  2. Should the District be required to reimburse the Parents for Student’s private school tuition from January 2011 through June 2011 and for the 2011-2012 school year?
D-R-School-District-of-Philadelphia-ODRNo-2225-11-12-KE

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