IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
P.V., a minor, by and through his Parents, : CIVIL ACTION The School District of Philadelphia, et al. : NO. 2:11-cv-04027
ORDER
AND NOW, this 19th day of February 2013, upon consideration of Defendants’ Motion for Summary Judgment (Doc. No. 49), Plaintiffs’ Motion for Summary Judgment (Doc. No. 51), Defendants’ Response to Plaintiffs’ Motion for Summary Judgment (Doc. No. 54), Plaintiffs’ Response to Defendants’ Motion for Summary Judgment (Doc. No. 62), Defendants’ Reply Brief in Further Support of their Motion for Summary Judgment (Doc. No. 63), Plaintiffs’ Reply Brief in Further Support of their Motion for Summary Judgment (Doc. No. 64), Defendants’ Surreply in Opposition to Plaintiffs’ Motion for Summary Judgment (Doc. No. 67), Plaintiffs’ Supplemental Memorandum (Doc. No. 69), and all exhibits attached thereto, it is hereby ORDERED as follows:
1. Defendants’ Motion for Summary Judgment (Doc. No. 49) is GRANTED in part and
DENIED in part.
2. Plaintiffs’ Motion for Summary Judgment (Doc. No. 51) is GRANTED in part and
DENIED in part.
3. Accordingly, the Philadelphia School District is ORDERED to alter its upper-leveling
process for students with autism such that it provides class members with prior
written notice and a level of parental participation consistent with the procedural
requirements of the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C.
§ 1400 et seq. (1996).
4. No claims remain in this matter. Accordingly, the Clerk of Court is directed to close
this matter for statistical purposes.
BY THE COURT:
/s/ Legrome D. Davis
Legrome D. Davis, J. 2