SO vs. School District of Philadelphia

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: S.O.

ODR #01639/10-11 JS

Date of Birth: [redacted]

Dates of Hearing: November 15, 2010 November 22, 2010

CLOSED HEARING

Parties to the Hearing: Parent[s]

School District of Philadelphia 440 North Broad Street Suite 313 Philadelphia, Pennsylvania 19130

Representative:
Mimi Rose, Esquire
1601 Walnut Street Suite 1017 Philadelphia, Pennsylvania 19102

Heather Matejik, Esquire
440 North Broad Street Suite 313 Philadelphia, Pennsylvania 19130

Date Record Closed: December 13, 2010

Date of Decision: December 15, 2010

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

Background

Student1 is classified as having an autism spectrum disorder2 and has been a kindergarten student in a public elementary school in the District since the beginning of the current (2010-2011) school year. In early October the Parents requested a due process hearing because they believed that the District was not offering Student a free appropriate public education (FAPE). They requested a change in placement and compensatory education. For the reasons put forth below I find in favor of the District.

Given events well known to the parties and counsel3, this hearing officer exercised her authority to control the record and admit or disallow evidence, and, determining that further testimony was not needed to address the issues in this matter, canceled the final scheduled hearing session. This action was taken so that a decision in the matter could be rendered in a timely manner consistent with statutory timelines without further exacerbation of the District’s concerns regarding Parent counsel’s examination of District staff.

Issues

  1. Did the School District fail to offer Student an appropriate program and/or placement?
  2. If the District failed to offer Student an appropriate program and/or placement is Student entitled to compensatory education and if so of what type and in what amount?
S-O-School-District-of-Philadelphia-ODRNo-01639-10-11-JS

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.