EO vs. School District of Philadelphia

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION

DUE PROCESS HEARING

ODR File Number 5896/05-06 LS

Name of Child: E. O.

Date of Birth: xx/xx/xx

Date of Hearing: October 26, 2005

CLOSED HEARING

Parties to the Hearing: Parent

School District of Philadelphia 440 N. Broad Street 3`d Floor Philadelphia, Pennsylvania 19130

Representative:
Franca Palumbo, Esquire
1831 Chestnut Street Suite 300 Philadelphia, Pennsylvania 19103

James Tone, Esquire
Fox, Rothschild, O’Brien & Frankel 1250 S. Broad Street Lansdale, Pennsylvania 19446

Date Transcript Received: October 31, 2005

Date of Decision: November 10, 2005

Hearing Officer: Linda M. Valentini, Psy.D

Background

Student is an xx-year-old student who has resided in the School District of Philadelphia (hereinafter District) since the start of the 2004-2005 school year. Since he came to Philadelphia Student has been receiving regular education. Previously he resided in [another state] and was enrolled in [another] School District as a special education student.

The facts were in dispute as to when Student’s mother (hereinafter Parent) informed the District that Student had been in special education in [the other state]. In April 2005, the Parent through counsel requested an independent educational evaluation, and in response the District performed its own evaluation, finding Student ineligible for special education services. The Parent asked for this hearing to challenge the District’s evaluation and to obtain an independent educational evaluation (hereinafter IEE) at public expense.

The hearing was held in the afternoon and went into the evening. This decision is rendered on the 15th day after the hearing, with October 27th starting as Day One.

Issue

Was the District’s September 2005 evaluation of Student appropriate?

E-O-School-District-of-Philadelphia-ODRNo-5896-05-06-LS

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