JF vs. School District of Philadelphia

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: J.F.

ODR #15531/14-15 AS

Date of Birth: [redacted]

Date of Hearing: December 1, 2014

OPEN HEARING

Parties to the Hearing: Parent[s]

School District of Philadelphia Office of General Counsel
440 N. Broad Street, 3rd Floor Philadelphia, PA 19130

Representative:
Jason Fortenberry, Esq. and Sonja Kerr, Esq. PILCOP
1709 Benjamin Franklin Parkway, 2nd Floor Philadelphia, PA 19103

Judith Baskin, Esq.
Office of General Counsel 440 N. Broad Street, 3rd Floor Philadelphia, PA 19130

Date Record Closed: December 16, 2014

Date of Decision: December 23, 2014

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

Background

Student1 is a teenaged student in 8th grade who is eligible for special education pursuant to the Individuals with Disabilities Education Act [IDEA] and Pennsylvania Chapter 14 under the classifications of autism and intellectual disability; Student also has speech/language and motor deficits. Student receives autistic support programming in a District school. The Parents filed this complaint with regard to the Extended School Year program that had been proposed for summer 2014, alleging that the District denied Student a free, appropriate public education [FAPE] on procedural and substantive grounds by denying them meaningful participation in developing their child’s ESY program and by proposing an inappropriate ESY program. The Parents are requesting reimbursement for the substitute programs and services they unilaterally procured for Student in summer 2014.

Issue[s]

  1. Did the School District of Philadelphia [District] commit a procedural error by significantly impeding the parents’ opportunity to participate in the decision making process regarding ESY for summer 2014?
  2. Was the ESY program offered to Student for summer 2014 substantively appropriate?
  3. Must the District reimburse the Parents for the programs and services they unilaterally procured for Student in summer 2014 in lieu of accepting the District’s ESY program?
J-F-Philadelphia-ODRNo-15531-14-15-AS

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.