NT vs. Philadelphia City School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: N.T.

Date of Birth: [redacted]
Date of Hearing: April 6, 2011

CLOSED HEARING

ODR No. 1494-1011KE

Parties to the Hearing:

Parent[s]

Philadelphia City School District 440 N. Broad Street Philadelphia, PA 19130

Representative: Pro Se

Kathleen Metcalfe, Esquire Office of General Counsel 440 N. Broad Street, Suite 313 Philadelphia, PA 19130

Date Record Closed: April 9, 2011

Date of Decision: April 20, 2011

Hearing Officer: Cathy A. Skidmore, M.Ed., J.D.

INTRODUCTION AND PROCEDURAL HISTORY

[Student] (hereafter “Student”)1 is a student in the above-named school district (hereafter “District”) and is eligible for special education under the Individuals with Disabilities Education Act (IDEA)2 based upon a diagnosis of autism. Student’s Parents3 filed a due process complaint dated February 11, 2011 challenging the educational program provided to Student, and sought a private placement for Student at public expense as a proposed remedy.

The hearing convened in one session on April 6, 2011, at which time both parties presented evidence in support of their respective positions. For the reasons which follow, I find in favor of the District on the request for a private placement, but will direct the District to convene a meeting to address appropriate revisions to Student’s Individualized Education Program.

ISSUES

  1. Whether Student has been provided with an appropriate educational program for the 2010-11 school year; and,
  2. If Student has not been provided with an appropriate educational program, is an alternative placement in a private school at public expense an appropriate remedy?
N-T-Philadelphia-City-ODRNo-1494-1011KE

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