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O. et al. v. School District of Philadelphia

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

STEPHEN O., et al.,

Plaintiffs,

v. NO. 20-1991 SCHOOL DISTRICT OF PHILADELPHIA,

Defendant.

ORDER

AND NOW, this 29th day of December 2021, upon consideration of Plaintiffs’ Cross- Motion for Summary Judgment [on the Administrative Record] (Doc. No. 41), Defendant’s Response in Opposition to Plaintiffs’ Cross-Motion (Doc. No. 44), Defendant’s Cross-Motion for Summary Judgment on the Administrative Record (Doc. No. 42), Plaintiffs’ Response in Opposition to Defendant’s Cross-Motion (Doc. No. 43), the arguments of counsel for the parties at the hearing held on June 11, 2021, and in accordance with the Opinion of the Court issued this date, it is ORDERED as follows: 1. Plaintiffs’ Cross-Motion for Summary Judgment [on the Administrative Record]

(Doc. No. 41) is DENIED.

2. Defendant’s Cross-Motion for Summary Judgment on the Administrative Record

(Doc. No. 42) is GRANTED IN PART and DENIED IN PART as follows:

a. Defendant’s Cross-Motion (Doc. No. 42) is GRANTED on Plaintiffs’ claims for

compensatory education and tuition reimbursement in Counts I and II of the Complaint

(Doc. No. 1). 2 b. Defendant’s Cross-Motion (Doc. No. 42) is DENIED on Defendant’s counterclaim for ESY reimbursement.

BY THE COURT:

/ s/ Joel H. S l om sky

3

JOEL H. SLOMSKY, J

E.D. Pa.: O. et al. v. School... | Special Education Law