JR vs. School District of Philadelphia

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: J.R.

ODR #2226/11-12-KE

Date of Birth: [redacted]

Dates of Hearing:

October 21, 2011 November 15 2011 January 17, 2012 January 31, 2012

CLOSED HEARING

Parties to the Hearing: Parents

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

Representative:
Tanya Alvarado, Esquire McAndrews Law Offices 30 Cassatt Avenue Berwyn, PA 19312

Heather Matejik, Esquire
Levin Legal Group
1301 Masons Mill Business Park 1800 Byberry Road
Huntingdon Valley, PA 19006

Date Record Closed: February 27, 2012

Date of Decision: March 21, 2012

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

Procedural History and Background

Student1 is an early teen aged eligible child classified as having a specific learning disability who resides in the School District of Philadelphia [“District”] and currently attends a private school [“private school”] for children with learning differences. Student has never attended public school, although Student’s father and mother [“Parents”] obtained an evaluation from the District in 2010.

The Parents believe that since the District’s evaluation completed in 2010 was based largely on an earlier 2010 private evaluation the Parents supplied, and/or that the District’s evaluation was not appropriate, the District should reimburse them for the private evaluation. The Parents also believe that they are entitled to tuition reimbursement for the private school for part of the 2010-2011 school year [January 2011 through June 2011] and the entire 2011-2012 school year given their opinion that the IEP prepared for Student in February 2011 was not an appropriate offer of a free appropriate public education [“FAPE”].

This hearing was conducted in conjunction with a hearing for Student’s sibling, such that each case had about half of each hearing day. Since there were two separate cases, the date for written closing arguments and the Decision Due Dates were scheduled accordingly.

Issues

  1. Should the District be required to reimburse the Parents for the independent educational evaluation they obtained for Student in February 2010?
  2. Should the District be required to reimburse the Parents for Student’s private school tuition from January 2011 through June 2011 and for the 2011-2012 school year?
J-R-School-District-of-Philadelphia-ODRNo-2226-11-12-KE

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.