FC vs. School District of Philadelphia

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER


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

BACKGROUND

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.

ISSUE

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

FC-Philadelphia-ODRNo-7779-06-07-LS

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.