I.K. v. THE SCHOOL DISTRICT OF HAVERFORD TOWNSHIP
Filing
45
ORDER THAT THE HEARING OFFICER'S 2011 DECISION IS AFFIRMED AND HER 2012 DECISION IS VACATED. B.K.'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS DENIED AS MOOT. B.K.'S MOTION FOR JUDGMENT ON THE ADMINISTRATIVE RECORD IS DENIED AS MOOT. THE CLERK SHALL CLOSE THIS MATTER STATISTICALLY. SIGNED BY HONORABLE STEWART DALZELL ON 8/14/13. 8/14/13 ENTERED AND COPIES E-MAILED.(mbh, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
I.K., by and through his
parent and educational
decision maker, B.K.
v.
THE SCHOOL DISTRICT OF
HAVERFORD TOWNSHIP
:
:
:
:
:
:
:
:
CIVIL ACTION
NO. 12-4066
ORDER
AND NOW, this 14th day of August, 2013, upon
consideration of defendant the School District of Haverford
Township’s (“the District”) motion to supplement the
administrative record (docket entry # 10), plaintiff I.K., by and
through his parent and educational decision maker, B.K.’s
(collectively, “B.K.”) response in opposition thereto, B.K.’s
motion for partial summary judgment (docket entry # 15), the
District’s motion for judgment on the administrative record and
motion for summary judgment (docket entry # 16), B.K.’s motion for
judgment on the administrative record (docket entry # 23), the
District’s omnibus response in opposition to B.K.’s motions,
B.K.’s response in opposition to the District’s motion for
judgment on the administrative record and motion for summary
judgment (docket entry # 26), the parties’ reply briefs, the
parties’ supplemental briefing on the motion to supplement the
administrative record (docket entries ## 37 & 38), the August 5,
2013 evidentiary hearing, and upon the analysis detailed in the
accompanying Memorandum, it is hereby ORDERED that:
1.
The District’s motion to supplement the
administrative record (docket entry # 10) is GRANTED and the
record will be supplemented with the testimony of Judith A. Gran,
Esq. and B.K., who testified in open court on August 5, 2013;
2.
The District’s motion for judgment on the
administrative record and motion for summary judgment is GRANTED
IN PART and DENIED IN PART (docket entry # 16);
3.
The hearing officer’s 2011 Decision, ODR #00803/09-
10 KE (July 8, 2011), is AFFIRMED and her 2012 Decision, ODR
#2158/10-11 KE (April 18, 2012), is VACATED;
4.
B.K.’s motion for partial summary judgment (docket
entry # 15) is DENIED AS MOOT;
5.
B.K.’s motion for judgment on the administrative
record (docket entry # 23) is DENIED AS MOOT; and
6.
The Clerk shall CLOSE this matter statistically.
BY THE COURT:
_/s/ Stewart Dalzell, J.
Stewart Dalzell, J.
2
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