P.V. et al v. THE SCHOOL DISTRICT OF PHILADELPHIA et al

Filing 75

ORDER THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS MATTER FOR STATISTICAL PURPOSES; ETC. SIGNED BY HONORABLE LEGROME D. DAVIS ON 2/19/13. 2/19/13 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
P.V., a minor, by and through his Parents,
Pedro Valentin and Yolanda Cruz,
individually, and on behalf of all others
similarly situated, et al.,
Plaintiffs,
v.
The School District of Philadelphia, et al.
Defendants.

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CIVIL ACTION

NO. 2:11-cv-04027

ORDER
AND NOW, this 19th day of February 2013, upon consideration of Defendants’ Motion for
Summary Judgment (Doc. No. 49), Plaintiffs’ Motion for Summary Judgment (Doc. No. 51),
Defendants’ Response to Plaintiffs’ Motion for Summary Judgment (Doc. No. 54), Plaintiffs’
Response to Defendants’ Motion for Summary Judgment (Doc. No. 62), Defendants’ Reply Brief in
Further Support of their Motion for Summary Judgment (Doc. No. 63), Plaintiffs’ Reply Brief in
Further Support of their Motion for Summary Judgment (Doc. No. 64), Defendants’ Surreply in
Opposition to Plaintiffs’ Motion for Summary Judgment (Doc. No. 67), Plaintiffs’ Supplemental
Memorandum (Doc. No. 69), and all exhibits attached thereto, it is hereby ORDERED as follows:
1.

Defendants’ Motion for Summary Judgment (Doc. No. 49) is GRANTED in part and
DENIED in part.

2.

Plaintiffs’ Motion for Summary Judgment (Doc. No. 51) is GRANTED in part and
DENIED in part.

3.

Accordingly, the Philadelphia School District is ORDERED to alter its upper-leveling
process for students with autism such that it provides class members with prior
written notice and a level of parental participation consistent with the procedural
requirements of the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C.
§ 1400 et seq. (1996).

4.

No claims remain in this matter. Accordingly, the Clerk of Court is directed to close
this matter for statistical purposes.
BY THE COURT:
/s/ Legrome D. Davis
Legrome D. Davis, J.