KM vs. Philadelphia City School District

DECISION
Due Process Hearing for KM

ODR File No. 8028/07-08 KE

Date of Birth: xx/xx/xx

Date of Hearing: October 5, 2007 – Open Hearing

Parties to the Hearing: (mother)

Philadelphia City School District Center City Region
540 North 13th Street, Room 103 Philadelphia, PA 19130

Representative: (none)

Mimi Rose, Esq.
Philadelphia City School District Office of General Counsel
440 North Broad Street, 3rd Floor Philadelphia, PA 19130

Hearing Officer: Debra K. Wallet, Esq.

Record Closed: October 9, 2007

Date of Decision: October 23, 2007

BACKGROUND:

Student is a xx-year-old (date of birth xx/xx/xx) student who attended the Private School [redacted] during the 2006-2007 school year. Student lives with her Parents within The School District of Philadelphia [hereinafter School District]. The School District provided a city cab to take Student and three others between the Private School and her home until an incident occurred in April 2007 which caused Parents to determine that it was no longer safe for Student to use the cab service. After informing the School District of their concerns, Parents obtained alternative transportation until the end of the 2006-2007 school year. Parents seek reimbursement from the School District in the amount of $1,159.20, representing transportation costs for the balance of the school year.

The School District contends that the Hearing Officer has no jurisdiction over transportation because no IEP was in place providing transportation as a “related service.”

ISSUES:

1. Does the Hearing Officer have jurisdiction over this transportation reimbursement request?

2. Should Parent be reimbursed for transportation between April and the end of the 2006-2007 school year?

KM-Philadelphia-City-ODRNo-8028-07-08-KE

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