RJ vs. School District of Philadelphia

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

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