MT vs. School District of Philadelphia

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER


6013/05-06 KE

File Number

M.T.

Child’s Name

xx/xx/xx

Date of Birth

1/09/06, 1/26/06

Dates of Hearing

Closed

Type of Hearing

For the Student:

Parents

David T. Painter, Esq. McAndrews Law Office 30 Cassatt Avenue Berwyn, PA 19312

For the School District of Philadelphia:

Mimi Rose, Esq.
Office of General Counsel
School District of Philadelphia
440 North Broad Street – Third Floor Philadelphia, PA 19130-4015

Dates of Hearing: January 9 and 26, 2006

Date Record was closed: February 17, 2006

Date of Decision: February 28, 2006

Hearing Officer: Daniel J. Myers

BACKGROUND

Student is a [late teedaged] resident of the School District of Philadelphia (School District) whose emotional disturbance and attention deficit hyperactivity disorder (ADHD) qualify her for specially designed instruction and related services. In December 2004, her approved private school could no longer meet Student’s emotional and safety needs. For nearly a year, the School District offered no alternative educational program/placement. Student’s parents then unilaterally placed Student into several hospitalization programs and residential treatment centers. The School District acknowledges its responsibility to reimburse Student’s parents for one of the unilateral placements, but it opposes reimbursement of Student’s most recent unilateral placement. Student’s parents now seek such reimbursement, as well as travel and related expenses, and independent evaluation costs. For the reasons described below, I will award reimbursement of the most recent unilateral placement, but not of other the costs for which reimbursement is sought.

ISSUES

  1. Whether or not Student’s parents are entitled to tuition reimbursement at various periods from December 29, 2004 to present; and
  2. Whether or not various parental claims for tuition reimbursement include nonreimbursable expenses.
M-T-School-District-of-Philadelphia-ODRNo-6013-05-06-KE

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