MK vs. School District of Philadelphia

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
EXPEDITED DUE PROCESS HEARING

Name of Child: MK

ODR #8527/07-08 LS

Date of Birth: xx/xx/xx

Date of Hearing: March 3, 2008

OPEN HEARING

Parties to the Hearing: Ms.

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

Representative: Pro Se

Kimberly Caputo, Esquire
Office of General Counsel
440 N. Broad Street
Philadelphia, Pennsylvania 19130

Date Transcript Received: March 6, 2008

Date of Decision: March 9, 2008

Hearing Officer: Linda M. Valentini, Psy.D.

Background

Student is a xx year old 1st grade eligible student residing in the School District of Philadelphia (hereinafter District). Student is currently classified as having a speech/language impairment. Pursuant to escalating inappropriate behaviors the District completed an evaluation and an IEP to which the Parent, Ms. (hereinafter Parent) objected1 (NT 45), and which are the subject of another due process request.2

In the instant expedited matter, the District is seeking hearing officer permission to have Student laterally transferred for a 45-day alternative placement to another elementary school in his Region3 in the belief that the student poses a danger to himself and to others and in the belief that the proposed school offers more behavioral support because it houses on-site behavioral health staff.

Issue

Should the School District of Philadelphia receive permission from the hearing officer to laterally transfer Student to a 45-day placement in another elementary school because he presents a danger to himself and/or others?

MK-School-District-of-Philadelphia-ODRNo-8527-07-08-LS

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.