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
- Did the School District fail to offer Student an appropriate program and/or placement?
- 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?