EI vs. School District of Philadelphia

Pennsylvania
Special Education Hearing Officer

DECISION

Student’s Name: E.I.

Date of Birth: [redacted]

ODR No. 3304-11-12-AS

OPEN HEARING

Parties to the Hearing: Parent

School District of Philadelphia 440 North Broad Street, Suite 313 Philadelphia, PA 19130

Representative:

Robert B. Gidding, Esquire 2 Bala Plaza, Suite 300 Bala Cynwyd PA 19004

Judith Baskin, Esquire
Assistant General Counsel
School District of Philadelphia 440 North Broad Street, Suite 313 Philadelphia, PA 19130

Dates of Hearing: July 19, 2012, July 30, 2012

Record Closed: August 4, 2012

Date of Decision: August 8, 2012

Hearing Officer: William F. Culleton, Jr., Esquire

 

INTRODUCTION AND PROCEDURAL HISTORY

The student named in the title page of this decision (Student) is an eligible resident of the school district named in the title page of this decision (District), and attends a District elementary school. (NT 8.) Student is not identified as a child with a disability pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). (NT 8-9.) In response to a request for a re-evaluation by Student’s Mother (Parent), through counsel, the District filed a request for due process, seeking an order establishing that its reevaluation dated June 18, 2012 is appropriate. (NT 12; J-1 p. 3.) The hearing was completed in two sessions. I conclude that the District’s re-evaluation was appropriate, and I decline to order the private evaluation sought by Parents.

ISSUES

  1. Was the District’s re-evaluation dated June 18, 2012 appropriate under the IDEA and Chapter 14 of the Pennsylvania regulations?
  2. Is the Parent entitled to an IEE at public expense?
E-I-School-District-of-Philadelphia-ODRNo-3304-11-12-AS

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.