JC vs. School District of Philadelphia

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
EXPEDITED DUE PROCESS HEARING

Name of Child: J.C.
ODR #15167 / 13-14-AS
Date of Birth:

[redacted]

Date of Hearing: July 8, 2014

OPEN HEARING

Parties to the Hearing: Parent[s]

School District of Philadelphia 440 N. Broad Street Philadelphia, PA 19130

Representative:
Jason Fortenberry, Esquire
Sonja Kerr, Esquire
Public Interest Law Center of Philadelphia 1709 Benjamin Franklin Parkway Philadelphia, PA 19103

Brian Subers, Esquire
Fox Rothschild
10 Sentry Parkway, Suite 200, PO Box 3001 Blue Bell, PA 19422

Date Transcript Received: July 10, 2014

Date of Decision: July 21, 2014

Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official

Background

Student1 is a [beyond teenaged] student who is eligible for special education pursuant to the Individuals with Disabilities Education Act [IDEA] and Pennsylvania Chapter 14 under the classification of Autism and Intellectual Disability.

The current matter concerns an expedited due process request from the Parents who disagree with the District’s proposed Extended School Year [ESY] program for summer 2014, alleging that it is inappropriate on procedural and substantive grounds. They are requesting compensatory services in the form of reimbursement for a two-week summer program they unilaterally chose for Student for part of the summer. They intend to send Student to the District’s ESY program for the remaining weeks ESY is offered.

Issue2

Is the ESY program the District offered to Student for summer 2014 procedurally and substantively appropriate?

If the ESY program the District offered is not appropriate, is Student entitled to compensatory education services, specifically in the form of reimbursement to the Parents for the summer program they chose for Student, or in any other form?

J-C-Philadelphia-ODRNo-15167-13-14-AS

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