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