SM vs. School District of Philadelphia



Name of Child: S.M.

ODR #15378/14-15 KE

Date of Birth: [redacted]

Dates of Hearing: October 17, 2014 December 12, 2014 December 15, 2014


Parties to the Hearing: Parent[s]

School District of Philadelphia Office of General Counsel
440 N. Broad Street, 3rd Floor Philadelphia, PA 19130

Jennifer Sang, Esquire
Law Office of David J. Berney 8 Penn Center
1628 JFK Boulevard Suite 1000 Philadelphia, PA 19103

Michele Mintz, Esquire
Levin Legal Group
1301 Masons Mill Business Park 1800 Byberry Road, #1301 Huntingdon Valley, PA 19006

Date Record Closed: January 16, 2015

Date of Decision: January 31, 2015

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


Student1 is a pre-teen aged student in 6th grade who is eligible for special education pursuant to the Individuals with Disabilities Education Act [IDEA] and Pennsylvania Chapter 14 under the classification of autism [redacted]. Since the beginning of the 2013-2014 school year, Student has been attending a private school [Private School] in a neighboring state, a placement which the Parents unilaterally made but is now pendent and funded by the District pursuant to the order of a previous hearing officer. In summer 2014 the District proposed an IEP designed to be implemented in a District middle school. Believing the proposed IEP to be inappropriate the Parents filed this complaint and are requesting continued tuition reimbursement at Private School.


Was the IEP the District offered to Student on September 2, 2014 appropriate, and can it be implemented in the proposed District middle school?


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