Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: X.C.
Date of Birth: [Redacted]
ODR No. 2637-11-12-KE
CLOSED HEARING
Parties to the Hearing: Parent
School District of Philadelphia 440 North Broad Street, Suite 313 Philadelphia, PA 19130
Representative:
Dean M. Beer, Esquire McAndrews Law Offices 30 Cassatt Avenue Berwyn, PA 19312
Judith Baskin, Esquire
Office of General Counsel
440 North Broad Street, Suite 313 Philadelphia, PA 19130
Dates of Hearings: February 27, 2012; March 30, 2012
Record Closed: April 20, 2012
Date of Decision: April 30, 2012
Hearing Officer: William F. Culleton, Jr., Esquire, CHO
INTRODUCTION AND PROCEDURAL HISTORY
The child named in the title page of this decision (Student) is a resident of the school district named in the title page of this decision (District). (S-4, 5.) The Student’s Parent, named on the title page of this decision (Parent), requests compensatory education for Student. Parent asserts that, during the relevant period between August 15, 2009 and September 6, 2011, the District discriminated against Student on the basis of disability, contrary to section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 (section 504). Specifically, Parent asserts that the District failed to evaluate Student appropriately, to identify all of Student’s educational needs, to place Student in an appropriate placement, and to provide Student with a free appropriate public education (FAPE). The District denies these allegations and asserts that Parent obstructed its evaluations by limiting contact with Student’s private therapist.
The hearing was concluded in two sessions, and the record was combined with the record for a companion matter also decided today, involving Student’s sibling1. The record closed upon receipt of written summations. I conclude that the District is not required to provide compensatory education to Student.
ISSUES
1. Did the District appropriately evaluate Student pursuant to section 504, with regard to identification of Student’s educational needs, for purposes of programming during the relevant period of August 15, 2009 to September 6, 2011?
2. Did the District provide an appropriate placement to Student during the relevant period pursuant to section 504?
3. Did the District offer and provide a free appropriate public education to Student during the relevant period pursuant to section 504?
4. Should the hearing officer order the District to provide compensatory education to Student for all or part of the relevant period?
X-C-School-District-of-Philadelphia-ODRNo-2637-11-12-KE