TD vs. School District of Philadelphia

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: TD

ODR #7238/06-07 LS

Date of Birth: xx/xx/xx

Dates of Hearing: February 16, 2007 February 26, 2007 March 6, 2007 March 9, 2007 May 7, 2007

May 8, 2007

CLOSED HEARING

Parties to the Hearing: Ms.

School District of Philadelphia Office of General Counsel
440 North Broad Street 3rd Floor Philadelphia, Pennsylvania 19130

Representative:
Lorrie McKinley, Esquire McKinley& Ryan
16 West Market Street 3rd Floor West Chester, Pennsylvania 19382

Mimi Rose, Esquire
Office of General Counsel
440 North Broad Street 3rd Floor Philadelphia, Pennsylvania 19130

Date Record Closed: May 30, 2007

Date of Decision: June 8, 2007

Hearing Officer: Linda M. Valentini, Psy.D.

Background

Student is a xx-year-old eligible student enrolled in the School District of Philadelphia (hereinafter District). There is no dispute regarding his current special education program or placement. Student’s mother, Ms. (hereinafter Parent), bringing this claim under the IDEIA and/or Section 504, asserts that the District failed to offer her son a free, appropriate public education (hereinafter FAPE) and that he is therefore entitled to compensatory education services. The time period under consideration was in dispute at the outset of the hearing. As the issue of the potential recovery period was complex, and the Parent asserted various exceptions to the IDEIA limitation on recovery, the parties were permitted to introduce evidence covering the entire time period the Parent was bringing into question.

Issues

  1. Did the School District of Philadelphia deny Student a free, appropriate public education by failing to provide an appropriate evaluation?
  2. Did the School District of Philadelphia deny Student a free, appropriate public education by failing to provide him with an appropriate placement?
  3. Did the School District of Philadelphia deny Student a free, appropriate public education by failing to provide him with an appropriate program?
  4. Did the School District of Philadelphia deny Student a free, appropriate public education by failing to provide him with appropriate related services?
  5. Did the School District of Philadelphia deny Student a free, appropriate public education by failing to offer him an appropriate Extended School Year program?
  6. If the School District of Philadelphia failed to provide Student with a free, appropriate public education is he entitled to compensatory education, for what time period, and in what amount?
TD-School-District-of-Philadelphia-ODRNo-7238-06-07-LS

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