THE SCHOOL DISTRICT OF PHILADELPHIA v. DRUMMOND
ORDER THAT THE ODR'S (a) REMOVAL OF A.H.'S INTELLECTUAL DISABILITY DIAGNOSIS, (b) GRANTS OF COMPENSATORY EDUCATION, AND (c) GRANT OF NURSING SERVICES ARED NOT REVERSED. THE ODR'S HOLDINGS THAT (a) NO DISTRICT-FUNDED INDEPENDENT EDUCATI ONAL EVALUATION OF A.H. IS REQUIRED, AND (b) THE DISTRICT'S AUGUST 2013 INDIVIDUALIZED EDUCATION PROGRAM FOR A.H. IS APPROPRIATE WITH THE RELIEF GRANTED BY THE ODR ARE REVERSED. THE DISTRICT SHALL FUND AN IEE OF A.H. THE DISTRICT SHALL CREATE A NEW IEP FOR A.H. BOTH PARTIES SHALL APPEAR AT A HEARING BEFORE THE COURT IN COURTROOM 10-A, UNITED STATES COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PA ON 6/7/2016, AT 11:00 AM, ETC. SIGNED BY HONORABLE NORMA L. SHAPIRO ON 4/12/16. 4/12/16 ENTERED AND COPIES E-MAILED.(ti, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THE SCHOOL DISTRICT OF PHILADELPHIA
SHIRLEY DRUMMOND, Grandparent and
Guardian of A.H., a Minor
AND NOW, this 12th day of April, 2016, upon consideration of Defendant Shirley
Drummond (“Drummond”)’s Motion for Judgment on the Administrative Record, the Response
of Plaintiff [The School District of Philadelphia (“District”)] in Opposition to Motion for
Judgment on Administrative Record, the Reply Memorandum of Law in Further Support of
Defendant’s Motion for Judgment on the Administrative Record, the Cross-Motion of Plaintiff
The School District of Philadelphia for Judgment on the Administrative Record, the
Memorandum of Law in Opposition to Plaintiff’s Cross-Motion for Judgment on the
Administrative Record, and the administrative record of the due process proceedings in the
Office of Dispute Resolution (“ODR”), it is ORDERED that:
The ODR’s (a) removal of A.H.’s intellectual disability diagnosis, (b) grants of
compensatory education, and (c) grant of nursing services are NOT REVERSED.
Unless the parties agree otherwise, all current services to which Drummond does
not object shall continue until a new IEP is in force.
The ODR’s holdings that (a) no District-funded Independent Educational
Evaluation (“IEE”) of A.H. is required, and (b) the District’s August 2013
Individualized Education Program (“IEP”) for A.H. is appropriate with the relief
granted by the ODR are REVERSED.
The District shall fund an IEE of A.H.
The District shall create a new IEP for A.H. taking into consideration the IEE and
following all procedures mandated by the Individuals with Disabilities Education
Both parties shall appear at a hearing before the court in Courtroom 10-A, United
States Courthouse, 601 Market Street, Philadelphia, PA, on June 7, 2016, at
11:00 a.m. The issue of attorneys’ fees will be discussed at this hearing.
/s/ Norma L. Shapiro
Norma L. Shapiro
United States District Judge
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