SPECIAL EDUCATION HEARING OFFICER
William Culleton Esq.
PO Box 13089
Philadelphia, PA 19101
IN RE: THE EDUCATIONAL ASSIGNMENT OF
A STUDENT IN THE SCHOOL DISTRICT OF PHILADELPHIA
ODR FILE NUMBER 15698-14-15-KE
MEMORANDUM AND ORDER OF THE HEARING OFFICER
ON PARENT’S MOTION TO ORDER PENDENT PLACEMENT
This matter arises from a Complaint Notice (complaint) seeking relief under the Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq. (IDEA), section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §704 (section 504) and the Americans with Disabilities Act, 42 U.S.C. 12101 et seq. (ADA). Parents allege that the District failed to provide Student with a free appropriate public education (FAPE), among other matters.
Student is transitioning to kindergarten from Early Intervention (EI), but Parent has held Student back from school due to safety concerns. Parent asserts among other things that Student exhibits dangerous behaviors that interfere with learning, and that the District is not offering an appropriate kindergarten placement that is reasonably calculated to address Student’s behavioral needs and keep Student safe. Parent moves for an interim order establishing the Student’s placement pending the above captioned proceedings.
The District asserts that it has offered an appropriate and safe placement, which can and will implement Student’s last agreed upon Individualized Education Program (IEP). It asserts that the IEP, last revised in May 2014, is the pendent placement. It asks that I deny the request for an order establishing pendent placement, as the last agreed upon IEP is the pendent placement by law.
I conclude that the placement offered by the District for the period from now until finalization of a new IEP by a District-convened IEP team is inappropriate because it is not reasonably calculated to ensure the Student’s safety. I order that the offered placement be supplemented by assigning an assistant to attend Student on a one-to-one basis, in close proximity, during the school day within the placement offered by the District.DV-PHILADELPHIA-ODRNo-15698-14-15-KE