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M. et al. v. School District of Philadelphia

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ELENA M., by and through her Parents, : HANS M. and MILDRED M., :

Plaintiffs, : : CIVIL ACTION v. : : NO. 22-4767 SCHOOL DISTRICT OF : PHILADELPHIA, :

Defendant. :

ORDER

AND NOW, this 31st day of March, 2025, upon consideration of Plaintiffs’ Motion for Judgment

on the Administrative Record (ECF No. 21), Defendant’s Motion for Judgment on the Administrative

Record (ECF No. 22), and all responses thereto (ECF Nos. 25–28), it is hereby ORDERED as follows:

1. The Court AFFIRMS the Administrative Decision and Order determination that Defendant

violated the Individuals with Disabilities in Education Improvement Act, 20 U.S.C. § 1400, et

seq., and the Rehabilitation Act, 29 U.S.C. § 794, from August 2021 to November 2021.

2. The Court REVERSES Administrative Decision and Order determination that Defendant did

not violate the Individuals with Disabilities in Education Improvement Act, 20 U.S.C. § 1400,

et seq., and the Rehabilitation Act, 29 U.S.C. § 794, from November 2021 to June 2022.

3. The award of compensatory education is VACATED.

4. This case is REMANDED for recalculation of compensatory education in accordance with

the opinion accompanying this order and analysis of whether prospective private school

placement is appropriate.

BY THE COURT:

HON. MIA R. PEREZ

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