IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILADELPHIA, : CIVIL ACTION Individually and on behalf of C.H., : No. 14-6238
ORDER
AND NOW, this 20th day of November, 2015, upon consideration of Defendant’s Motion for Judgment on the Administrative Record (Document No. 21), Plaintiff’s response thereto, and Defendant’s reply thereon, and Plaintiff’s Motion for Judgment on the Administrative Record (Document No. 22), Defendant’s response thereto, and Plaintiff’s reply thereon, and for the reasons stated in the Court’s Memorandum dated November 20, 2015, it is hereby ORDERED that:
1. Plaintiff’s Motion for Judgment on the Administrative Record (Document No. 22)
is DENIED.
2. Defendant’s Motion for Judgment on the Administrative Record (Document No.
21) is GRANTED in part and DENIED in part.
3. The Hearing Officer’s Decision is AFFIRMED on all findings of denial of FAPE.
4. The Hearing Officer’s award of compensatory education of iPad training not to
exceed 120 hours or $1,000 is AFFIRMED.
5. Plaintiff must reimburse Defendant for 353 hours of compensatory art and
physical education, pursuant to the terms specified by the Hearing Officer. 2 6. Plaintiff must fund two hours of private speech/language therapy for every week
school was in session during the 2013-2014 school year, as well as a total of
twelve and a half hours of consultation services, pursuant to the terms specified by
the Hearing Officer. 7. Plaintiff must continue to provide C.H. with an iPad throughout his attendance in
high school, unless and until the IEP team believes that it can be eliminated. 8. The Hearing Officer’s order regarding the continued provision of a 1:1 aide is
AFFIRMED
9. Plaintiff must provide C.H. three forty-five-minute sessions of speech/language
therapy weekly in an individual or small-group setting for a period of six months.
The IEP team shall determine the level of speech/language therapy necessary after
that period based on the results of the comprehensive evaluation. The Hearing
Officer’s order regarding speech/language consultation services is AFFIRMED,
unless and until the IEP team believes these services can be reduced or eliminated. 10. The Hearing Officer’s order regarding self-advocacy instruction is REVERSED. 11. The Hearing Officer’s order regarding a comprehensive evaluation is
AFFIRMED
12. All other decisions by the Hearing Officer are AFFIRMED.
BY THE COURT:
Berle M. Schiller, J. 3