Pennsylvania
Special Education Hearing Officer
DECISION
Student’s Name: R.J.
Date of Birth: [redacted]
ODR No. 13352-1213KE
CLOSED HEARING
Parties to the Hearing:
Parents
School District of Philadelphia 440 North Broad Street Philadelphia, PA 19130
Representative:
Benjamin Geffen, Esq.
Sonja Kerr, Esq.
Public Interest Law Center of Philadelphia 1709 Benjamin Franklin Parkway Philadelphia, PA 19103
Catherine V. Wigglesworth, Esq. Dechert, LLP
Cira Centre
2929 Arch Street
Philadelphia, PA 19104
Brian Subers, Esq. Fox Rothschild, LLP 10 Sentry Parkway Blue Bell, PA 19422
Dates of Hearing: February 13, February 19, March 27, April 1, April 10, and April 17, 2013
Record Closed: May 1, 20131
Date of Decision: May 8, 2013
Hearing Officer: Brian Jason Ford
Introduction
This matter arises under Individuals with Disabilities Act (IDEA), 20 U.S.C. § 1400 et seq. and Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. § 701 et seq. The Student and Parents2 claim that the School District of Philadelphia (District) has denied the Student’s right to a free appropriate public education (FAPE). More specifically, the Parents claim that the District has failed to place the Student in a least restrictive environment (LRE) and has failed to provide appropriate communication services including appropriate assistive technology. (NT at 33).3
Issues
1.Did the District deny the Student a FAPE by failing to place the Student in the LRE?
2.Did the District deny the Student a FAPE by failing to provide appropriate communication services including appropriate assistive technology?
R-J-School-District-of-Philadelphia-ODRNo-13352-1213KE