IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UPPER DARBY SCHOOL DISTRICT : CIVIL ACTION
v. : No. 22-04343 KA’SHAAD W. : CIVIL ACTION
v. : No. 22-04347
ORDER
AND NOW, this 27th day of July 2023, upon consideration of K.W., et al.’s Motion for Judgment on the Administrative Record (ECF No. 20 in Civil Action 22-04343), Upper Darby School District’s Opposition to the Motion (ECF No. 25 in Civil Action 22-04343), and K.W., et al.’s Reply (ECF No. 26 in Civil Action 22-04343), it is hereby ORDERED that K.W., et al.’s Motion for Judgment on the Administrative Record is GRANTED as follows:
1. The Hearing Officer’s Decision to the extent that it denied compensatory
education prior to April 18, 2022 is reversed.
2. The Family shall be awarded compensatory education for the (a) 2020-21
school year, (b) 2021-22 school year until April 18, 2022, and (c) ESY 2022
through September 28, 2022.
3. The Hearing Officer’s determination that the District may deduct tutoring hours
from the Family’s compensatory education is reversed. 2
4. The Hearing Officer’s finding that the District denied FAPE from April 18,
2022 through September 28, 2022 is affirmed.
5. Parents are a prevailing party entitled to prevailing party attorneys’ fees.
6. The District’s actions and omissions violated the IDEA and Section 504 as
incorporated by Pennsylvania law and the relevant federal and state
implementing regulations.
7. Upon consideration of Upper Darby School District’s Motion for Summary
Judgment on the Administrative Record (ECF No. 21 in Civil Action 22-04343)
and K.W., et al.’s Opposition to the Motion (ECF No. 24 in Civil Action 22-
04343), the Court will DENY Upper Darby School District’s Motion for
Judgment on the Administrative Record in a forthcoming Final Order.
8. This is not a Final Order.
A separate and Final Order will be entered to include the compensatory sum and/or the sum of attorneys’ fees to be awarded. Prior to entry of the Final Order, a status hearing will be scheduled so that counsel can advise the Court how they can best complete the record for review regarding the compensatory sum and attorney’s fees to be awarded according to the Opinion filed by the Court on this case, and the sums to then be included in a Final Order to be entered by the Court.
BY THE COURT:
/s/ Chad F. Kenney
3
CHAD F. KENNEY, JUDGE