ODR File No.: 7779/06-07 LS
Student: FC
School District: Philadelphia
Type of Hearing: Open

For the Student:

Mr. and Mrs.

David T. Painter, Esq. McAndrews Law Office 30 Cassatt Avenue Berwyn, PA 19312

For the School District:

Kenneth Cooper, Esq.
Office of General Counsel
School District of Philadelphia
440 North Broad Street, Third Floor Philadelphia, PA 19130-4015

Due Process Hearing Request Date: June 13, 2007
Hearing Date: September 25, 2007
Date transcript received: October 1, 2007
Decision Date: October 15, 2007
Hearing Officer: Daniel J. Myers


Student is a [over 21] year old resident of the School District, with multiple disabilities. The School District owes Student three years of compensatory education. Although the School District is willing to pay for Student’s choice of compensatory education services, it refuses to develop and sign an IEP as part of the particular compensatory education program that Student desires. Student contends that, at least in this case, Student’s compensatory education entitlement includes a requirement that the School District serve as the LEA on an IEP that facilitates Student’s choice of compensatory education. For the reasons described below, I find for the School District.


Whether the School District is required to issue an IEP to implement Student’s compensatory education award?


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