IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
H.E.INDIVIDUALLY AND ON BEHALF CIVIL ACTION OF H.F, C.E. INDIVIDUALLY AND ON BEHALF OF D.E., AND M.T. INDIVIDUALLY AND ON BEHALF OF T.T.,
Plaintiffs, NO. 15-3864 WALTER D. PALMER LEADERSHIP LEARNING PARTNERS CHARTER
FILED
SCHOOL AND COMMONWEALTH OF Der 2 7 2016 PENNSYLVANIA DEPARTMENT OF LUcrv.cH1
St.., ' N, Interim Citric EDUCATION,
Defendants. ..Dop. Clerk
ORDER
AND NOW, this 27th day of October, 2016, upon consideration of: 1) the Plaintiffs' Motion for Partial Summary Judgment against Defendant Commonwealth of Pennsylvania Department of Education [ECF No. 51], the Defendant's response in opposition thereto [ECF No. 52], and the Plaintiffs' reply [ECF No. 54]; 2) Defendant Commonwealth of Pennsylvania Department of Education's Motion for Summary Judgment [ECF No. 49], the Plaintiffs' response in opposition thereto [ECF No. 53], and the Defendant's reply [ECF No. 55]; and, 3) the Plaintiffs' Motion for Default Judgment against Defendant Walter D. Palmer Leadership Learning Partners Charter School [ECF No. 50], IT IS HEREBY ORDERED that: (1) The Plaintiffs' Motion for Partial Summary Judgment against Defendant Commonwealth
of Pennsylvania Department of Education is GRANTED IN PART AND DENIED IN 2
PART. The Hearing Officer's decisions 1 are VACATED, and the cases REMANDED
with instructions to hold due process hearings to determine in the first instance whether
Palmer denied Students a FAPE, and if so, in accordance with the concurrently issued
Opinion, what remedy, if any, Plaintiffs are owed by Defendant Commonwealth of
Pennsylvania Department of Education. Plaintiffs' motion for leave to file a motion for
attorneys' fees is GRANTED;
(2) The Defendant Commonwealth of Pennsylvania Department of Education's Motion for
Summary Judgment is DENIED; and,
(3) The Plaintiffs' Motion for Default Judgment against Defendant Walter D. Palmer
Leadership Learning Partners Charter School IS DENIED WITHOUT PREJUDICE.
Finally, the Clerk is instructed to forward a copy of this Order and Opinion to the Pennsylvania Office of Dispute Resolution.
THEC URT: WENDY BEETLESTONE, J
1 The specific Commonwealth of Pennsylvania Office of Dispute Resolution case files are: 1) H.F.'s complaint against Palmer, ODR #16024-1415AS; 2) H.F.'s complaint against PDE, ODR #16025-1415AS; 3) D.E.'s complaint against Palmer, ODR #16022-1415AS; 4) D.E.'s complaint against PDE, ODR #16023-1415AS; 5) T.T.'s complaint against Palmer, ODR #15959-1415AS; and 6) T.T.'s complaint against PDE, ODR #15960- 1415AS. 3