Special Education Hearing Officer

ODR No. 01802-1011JS

Child’s Name: R.B.
Date of Birth: [redacted]

Date of Hearing: 1/5/11


Parties to the Hearing:

Parents Parent[s]

School District Philadelphia


Parent Attorney
David Berney, Esquire
8 Penn Center
1628 JFK Boulevard Suite 1000 Philadelphia, PA 191038

School District Attorney
Heather Matejik, Esq.
Office of General Counsel
440 North Broad Street, 3rd Floor Philadelphia, PA 19130

Date Record Closed: January 10, 20111

Date of Decision: January 25, 2011

Hearing Officer: Anne L. Carroll, Esq.


This case involves Parent’s right to examine Student’s full educational records. Parent did not allege that she has been unable to fully participate in developing a program and placement for Student because all records were not produced. Consequently, the only matter heard and decided in this case is a claim relating to the provision of FAPE to the Student, not a claim for denial of FAPE.

By the time the hearing was convened, both parties acknowledged that only one of the documents originally sought by Parent had not been produced by the District or its absence explained to Parent’s satisfaction. The purpose of the short hearing session conducted on January 5, 2011 was to determine whether the District has made all reasonable efforts to locate the missing document, the results of a speech language assessment administered to Student in 2006 as part of an evaluation to determine Student’s eligibility for school-age IDEA services. The evidence disclosed that the only reasonable means to obtain the document that the District failed to undertake was a formal, written inquiry to the entity whose employee conducted the evaluation. The District, therefore, will be directed to make a formal inquiry to the provider of the evaluation, followed by a written notification to Parent and her counsel of its response, and to add the inquiry and the response to the Student’s educational record.


Is the School District required to take any additional steps to locate the original report of a speech/language evaluation of [Student] conducted in May 2006?


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