Special Education Hearing Officer
FINAL DECISION AND ORDER
Student’s Name: K.C.
Date of Birth: [redacted]
ODR No. 16658-1516AS
Parties to the Hearing: Parent[s]
School District of Philadelphia 440 N. Broad Street Philadelphia, PA 19130
Judy Baskin, Esq.
School District of Philadelphia Office of General Counsel
440 N. Broad Street, Suite 300 Philadelphia, PA 19130
Dates of Hearing: N/A
Record Closed: 09/04/2015
Date of Decision: 09/04/2015
Hearing Officer: Brian Jason Ford
Introduction and Procedural History
This is a final order, dismissing the captioned special education due process hearing.
This special education due process hearing was requested by (Grandparent). The Grandparent is the grandparent and guardian of Student. The Grandparent represents herself and the Student without an attorney. The Grandparent requested this hearing against the School District of Philadelphia (District) for the sole purpose of having a special education evaluation report destroyed. Both the Grandparent and District agree that the Student is not eligible for special education. There is no dispute concerning the provision of a free appropriate public education (FAPE).
The procedural history of this case is set forth in my Order Granting Respondent’s Motion to Dismiss (Order), which is attached as Appendix A. The Order was sent to the parties on August 28, 2015. In the Order, I explained that I do not have authority to hear the claims raised in the Grandparent’s complaint, and dismissed this matter on that basis. However, I also recognized the Grandparent’s pro se status, and feared that the Grandparent did not receive all of the correspondence in this case – especially email. To mitigate this, the Order was set to automatically stay itself if the Grandparent responded to the District’s Motion to Dismiss on or before September 4, 2015. The Order was sent by email and certified mail.
On September 1, 2015, the Grandparent contacted the District, indicating that the Grandparent did not want this hearing to be dismissed. The District, via counsel, reported that contact to me. Then, with the District’s consent, I contacted the Grandparent ex parte to explain that the response must be sent to me, with a copy to the District’s attorney.
After the call, on September 1, 2015, the Grandparent sent two emails to me. Together, in substance, they say that (1) the Grandparent does not want this hearing to be dismissed, (2) the Grandparent did not receive an email from me sent on August 18, 2015 because the family was out of town, (3) that the evaluation report is inaccurate and misleading and, (4) the report was not kept confidential.
Per my Order of August 28, I accept these emails as a motion to reconsider the dismissal of this due process hearing.
The Grandparent has asked for a records hearing, either under FERPA or IDEA regulations at 34 C.F.R. § 300.618. Neither of those are a special education due process hearing. The Grandparent has a right to a records hearing, but I cannot convene that type of hearing. I can only convene a special education due process hearing. Therefore, I must dismiss this case.K-C-Philadelphia-ODRNo-16658-1516AS