IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
v. : CIVIL ACTION NO. 20-1134
ORDER
This 9th day of December, 2020, upon consideration of Plaintiff and Defendants’ cross motions for judgment on the administrative record/summary judgment, ECF No. 17 and 18, it is hereby ORDERED that Defendants’ Motion is GRANTED in part, to the extent that it seeks tuition reimbursement under the IDEA based on a denial of FAPE, and that Plaintiff MCIU’s Motion is correspondingly DENIED as to those issues. Defendants’ Motion is DENIED to the extent that it seeks relief under Section 504 of the Rehabilitation Act.
It is further ORDERED that:
1. The decision of Independent Hearing Officer Cathy Skidmore, Esq., dated
December 15, 2019 to award tuition reimbursement to the Defendants for the
2018-19 school year based on a procedural denial of FAPE is AFFIRMED.
2. The decision of Independent Hearing Officer Cathy Skidmore, Esq. is
REVERSED to the extent that it found that the program offered to A.F. was
substantively appropriate. 2 3. The decision of Independent Hearing Officer Cathy Skidmore, Esq. is AFFIRMED to the extent that it found Plaintiffs liable under the Americans with Disabilities Act (“ADA”). 4. The decision of Independent Hearing Officer Cathy Skidmore, Esq. is REVERSED to the extent that it found Plaintiffs liable under Section 504 of the Rehabilitation Act. 5. Defendants are Prevailing Parties under the Individuals with Disabilities in Education Act (“IDEA”) and the Americans with Disabilities Act (“ADA”). 6. Within thirty days of the entry of this order, Defendants shall submit a motion to determine the specific cost of tuition reimbursement, as well as for attorney’s fees and costs, and finally to determine the appropriateness of an award of expert fees.
/s/ Gerald Austin McHugh
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