Z.GR vs. School District of Philadelphia

Pennsylvania
Special Education Hearing Officer

DECISION

Student’s Name: Z.GR.

Date of Birth: [redacted]

ODR No. 1590-10-11-AS

CLOSED HEARING

Parties to the Hearing: Parent[s]

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

Representative:

Amelia Carolla, Esquire
Reisman Carolla Gran, LLP
19 Chestnut Street
Haddonfield, New Jersey 08033-1810

Heather L. Durrant Matejik, Esquire Office of General Counsel
School District of Philadelphia
440 North Broad Street, Suite 313 Philadelphia, PA 19130

Dates of Hearing: May 5, 2011, June 14, 2011, June 17, 2011

Record Closed: July 13, 2011

Date of Decision: July 28, 2011

Hearing Officer: William F. Culleton, Jr., Esquire

INTRODUCTION AND PROCEDURAL HISTORY

Student is an eligible resident of the School District of Philadelphia (District), and attends a private elementary school (School). (NT 11 to 12.) Student is identified with Specific Learning Disability, pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). (NT 13.) Parents requested due process seeking reimbursement of tuition and other costs incurred for Student’s education during the 2010-2011 school year, as well as payment for a summer program at the School in the summer of 2011. The District asserts that

the Parent is not entitled to either reimbursement or summer tuition.
The hearing was conducted in three sessions and the record closed upon receipt of written

summations.1 I conclude that the District offered a FAPE and I decline to order any reimbursement. .

ISSUES

  1. Did the District offer to provide a free appropriate public education (FAPE) to Student for all or any part of the 2010-2011 school year, including permitting Parents to participate in the IEP process?
  2. Did the District fail or refuse to offer Extended School Year services to Student inappropriately?
  3. Did Parents provide to the District notice of their intention to enroll Student in a private school for all or any part of the 2010-2011 school year, as required by law?
  4. Was the School an appropriate placement for Student?
  5. Should the hearing officer order that the District reimburse Parents for tuition incurred by placing Student at the School for all or any part of the 2010-2011 school year?
  6. Should the hearing officer order the District to provide extended school year services to Student for the summer of 2011, by paying tuition for summer programming at the School?
  7. Should the hearing officer order the District to reimburse Parents for supplemental tutoring provided by Parents in the 2010-2011 school year, regarding reading and speech and language services.?
Z-GR-School-District-of-Philadelphia-ODRNo-1590-10-11-AS

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