EW vs. School District of Philadelphia

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: EW

Date of Birth: xx/xx/xx

Dates of Hearing: May 27, 2008

CLOSED HEARING ODR #8521/07-08 KE

Parties to the Hearing:

School District of Philadelphia 440 North Broad Street, Suite 313 Philadelphia, PA 19130-4015

Representative: Pro Se

Kenneth S. Cooper, Esquire Office of General Counsel
440 North Broad Street, Suite 313 Philadelphia, PA 19130-4015

Date Record Closed: May 29, 2008

Date of Decision: June 8, 2008

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

INTRODUCTION AND PROCEDURAL HISTORY

Student is an elementary school age eligible resident of the School District of Philadelphia (District). (NT 17-18.) The Student is identified with Specific Learning Disability and Speech and Language Impairment. (NT 18-22.) Ms. (Parent) requested due process, alleging: 1) that the District failed to provide the Student with transportation to school, resulting in irregular attendance because of the Parent’s time pressures and unreliable automobile; and 2) that the District failed to provide ESY services that would assist the Student to benefit from Student’s education.

The District asserted that it had no obligation to provide transportation to the Student, because the Parent had chosen to place Student at a school that was not Student’s neighborhood school and had waived transportation services in writing. The District also asserted that the Student did not need ESY services according to the criteria set forth in Pennsylvania regulations, 22Pa. Code §14.132.

The parent filed the Complaint for the Student on an ODR Request Form on February 13, 2008, along with a separate request form for Student’s sibling. On March 10, 2008, the hearing officer found the Parent’s Complaint to be insufficient. The Parent filed a letter amending the Complaint for the Student and for Student’s sibling on or about March 21, 2008. The matter was scheduled for expedited hearing on ESY issues only, but the Parent asked that it be continued and waived the Parent’s right to expedited hearing, so that all issues could be heard at one time for the Student and Student’s sibling. The hearing was held and completed on May 27, 2008, for both the Student and Student’s sibling, at the request of the Parent. The record closed on May 29, upon receipt of the transcript.

ISSUES

  1. Is the Student entitled to transportation as a related service?
  2. Is the Student entitled to ESY services as part of Student’s special education program?
EW-School-District-of-Philadelphia-ODRNo-8521-07-08-KE

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