IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SCHOOL DISTRICT OF : CIVIL ACTION PHILADELPHIA : NO. 14-4910 Parents of A.K., a minor SCHOOL DISTRICT OF : CIVIL ACTION PHILADELPHIA : NO. 14-4911 Parents of N.K., a minor
ORDER
AND NOW, this 30th day of November, 2015, upon consideration of motions by the School District of Philadelphia for judgment on the administrative record and on the counterclaims of parents Robert Kirsh and Karen Misher[1] and parents’ response[2]; parents’ crossmotions for judgment on the administrative record[3] and the District’s response[4]; motions by the District to dismiss parents’ counterclaims or, in the alternative, for summary judgment,[5] and parents’ response;[6] and parents’ motion for leave to amend their counterclaims[7] and the District’s response[8] and consistent with the accompanying memorandum of law, it is ORDERED that: 2 1) the cross motions for judgment on the administrative record are GRANTED IN
PART and DENIED IN PART as follows:
a) The District’s motion is GRANTED insofar as the District seeks to affirm
the Hearing Officer’s decisions that it offered A.K. and N.K. a FAPE in
December 2013. The District’s motion is DENIED insofar as the District
seeks to reverse the Hearing Officer’s decisions that the District was
obligated to reimburse parents for the basic costs of tuition and
transportation at the private school for A.K. and N.K. from September
2013 through December 2013;
b) Parents’ motion is GRANTED insofar as parents seek to affirm the
Hearing Officer’s decisions that the District denied A.K. and N.K. a FAPE
from the start of the 2013-14 school year through December 2013 and
insofar as they seek to affirm the Hearing Officer’s decisions that A Step
Up Academy was an appropriate private placement for A.K. and N.K.
Parents’ motion is DENIED insofar as they seek to reverse the Hearing
Officer’s decisions that the District offered A.K. and N.K. a FAPE in
December 2013; and
c) The Hearing Officer’s decisions are AFFIRMED.[2]) The District’s motion to dismiss parent’s counterclaims or, in the alternative, for
summary judgment is GRANTED IN PART and DENIED IN PART as follows:
a) The District’s motion is DENIED to the extent that the District seeks
dismissal of parents’ counterclaims for lack of subject-matter jurisdiction;
b) The District’s motion is GRANTED to the extent that the District seeks 3
judgment in its favor with respect to parents’ claim that the District denied
A.K. and N.K. a FAPE with its offered 2014-15 IEPs; and
c) The District’s motion is GRANTED to the extent that the District seeks
judgment in its favor with respect to parents’ counterclaims under the
ADA and Section 504 of the Rehabilitation Act.
3) Parents’ motion for leave to amend their counterclaims is DENIED.
It is FURTHER ORDERED that
1) The District is obligated to reimburse parents for the basic costs of basic costs of
A.K. and N.K.’s tuition and transportation at A Step Up Academy from
September 2013 to December 2013; and
2) Pursuant to 20 U.S.C. § 415(j) -- IDEA’s stay put provision -- the District is also
obligated to reimburse parents for the basic costs of A.K. and N.K.’s tuition and
transportation at A Step Up Academy from December 2013 through the
exhaustion of all appeals from the decisions of the Hearing Officer.
Counsel for the parties shall, within thirty days from the date of this Order, confer and reach a stipulation with respect to:
1) A proposed form of judgment consistent with this Order and the accompanying
memorandum of law; and
2) The amounts due under this Order. If a stipulation cannot be reached, counsel may request a hearing. Any petition for counsel fees shall be submitted after entry of a final order entering judgment.
s/Thomas N. O’Neill, Jr.
4
THOMAS N. O’NEILL, JR., J
Footnotes
[1] Filed as Dkt. No. 21 in Civ. A. 14-4910 and Dkt. No. 20 in Civ. A. 14-4911.
[2] Filed as Dkt. No. 26 in Civ. A. 14-4910.
[3] Filed as Dkt. No. 22 in Civ. A. 14-4910 and Dkt. No. 18 in Civ. A. 14-4911.
[4] Filed as Dkt. No. 25 in Civ. A. 14-4910.
[5] Filed as Dkt. No. 20 in Civ. A. 14-4910 and Dkt. No. 19 in Civ. A. 14-4911.
[6] Filed as Dkt. No. 24 in Civ. A. 14-4910.
[7] Filed as Dkt. No. 27 in Civ. A. 14-4910.
[8] Filed as Dkt. No. 28 in Civ. A. 14-4910.