FC vs. School District of Philadelphia

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: F.C.

Date of Birth: [Redacted]

ODR No. 2636-11-12-KE

CLOSED HEARING

Parties to the Hearing: Parent

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

Representative:

Dean M. Beer, Esquire McAndrews Law Offices 30 Cassatt Avenue Berwyn, PA 19312

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

Dates of Hearings: February 27, 2012; March 30, 2012

Record Closed: April 20, 2012

Date of Decision: April 30, 2012

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

INTRODUCTION AND PROCEDURAL HISTORY

The child 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). (NT 11-13.) The Student’s parent, named on the title page of this decision (Parent) requests compensatory education for Student, asserting that, during the relevant period between August 15, 2009 and September 6, 2011, the District’s applicable re-evaluations failed to identify all of Student’s educational needs, the District failed to place Student in an appropriate placement, and the District failed to provide Student with a free appropriate public education (FAPE) pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA), the Pennsylvania Code, 22 Pa. Code §14.151 et seq., and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 (section 504). (NT 36-41.) The District denies these allegations and asserts that Parent obstructed its evaluations by limiting contact with Student’s private therapist.

The hearing was concluded in two sessions, and the record was combined with the record for a companion matter also decided today, involving Student’s sibling1. The record closed upon receipt of written summations.

ISSUES

1. Did the District appropriately re-evaluate Student with regard to identification of Student’s educational needs, for purposes of programming during the relevant period of August 15, 2009 to September 6, 2011?

2. Did the District provide an appropriate placement to Student during the relevant period?

3. Did the District offer and provide a free appropriate public education to Student during the relevant period?

4. Should the hearing officer order the District to provide compensatory education to Student for all or part of the relevant period?

F-C-School-District-of-Philadelphia-ODRNo-2636-11-12-KE

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