Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: KS
Date of Birth:
Dates of Hearing: None
CLOSED HEARING
ODR No. 9693/08-09 AS
Parties to the Hearing: Parents:
Parent Attorney:
Marc B. Auerbach, Esq.
Law Offices of Marc B. Auerbach, LLC 625 Fitzwater Street
Philadelphia, PA 19147
School District:
Office of General Counsel
School District of Philadelphia
440 North Broad Street, Third Floor Philadelphia, PA 19130-4015
School District Attorney:
Kenneth Cooper, Esq.
Office of General Counsel
School District of Philadelphia
440 North Broad Street, Third Floor Philadelphia, PA 19130-4015
Date Record Closed: March 20, 2009
Date of Decision: March 23, 2009
Hearing Officer: Daniel J. Myers
INTRODUCTION AND PROCEDURAL HISTORY
KS1 (“Student”), an elementary school student of the Philadelphia City School District (“School District”), contends that the School District denied a free appropriate public education (“FAPE”) to Student by failing to evaluate and program appropriately for Student’s disabilities. The parties have resolved their dispute by agreeing to submit this matter for my decision on the basis of stipulated facts in lieu of due process hearing. Accordingly, I have accepted the parties’ stipulations and, based upon the record created by stipulation, I find that the School District has violated Student’s Section 504 rights.
ISSUES
- Has the School District violated Student’s Section 504 right to FAPE?
- Is Student entitled to compensatory education?