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P.V., A Minor, By and Through His Parents, Pedro v. the School District of Philadelphia

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


February 19, 2013

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.

The opinion of the court was delivered by: Legrome D. Davis, J.

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:

Legrome D. Davis

20130219

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