Name of Child: R. H.

ODR #3108/11-12-AS

Date of Birth:

Parties to the Hearing: Parents

School District of Philadelphia 440 North Broad Street Philadelphia, PA 19130


Dates of Hearing:
June 1, 2012, 9:08 am – 3:27 pm June 18, 2012, 4:00 pm – 9:30 pm June 22, 2012, 3:30 pm – 9:00 pm July 2, 2012, 9:00 am – 4:33 pm


Parties to the Hearing: Parents

School District of Philadelphia 440 North Broad Street Philadelphia, PA 19130

David Arnold, Esquire
920 Matsonford Road Suite 106 West Conshohocken, PA 19428

Brian Subers, Esquire
Fox Rothschild
10 Sentry Parkway Suite 200 Blue Bell, PA 19422

Date Record Closed: July 21, 2012

Date of Decision: August 3, 2012

Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official


Student1 is an elementary-school-age resident of the School District of Philadelphia [District] who is eligible for special education pursuant to the Individuals with Disabilities Education Act [IDEA]2 under the classification of Autism and consequently a protected handicapped individual under Section 504 of the Rehabilitation Act of 1973 [Section 504],3 as well as the federal and state regulations implementing those statutes. Student’s current placement, an approved private school [Private School] for children with Autism, is funded by the District.

The current matter4 addresses the Parents’ belief that Student has been denied a free appropriate public education [FAPE] at the District’s current Private School placement [Private School].


  1. Did the School District of Philadelphia, through the Private School placement, deny Student a free appropriate public education in the areas of speech/language therapy and occupational therapy; feeding; staff training; behavior management; and/or assistive technology? Did Student fail to make meaningful educational progress as a result of any failure of the Private School to implement the IEP?
  2. If there was a failure to implement the IEP at the Private School, and if Student failed to make meaningful educational progress, what remedy is appropriate?
  3. Is the Private School a dangerous environment for Student?
  4. Should Student’s educational placement be changed from the Private School?

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