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IN THE UNITED STATES DISTRICT COURT
 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA
 

COMPLAINT AND APPEAL OF THE SECTION 504 ADMINISTRATIVE
 

DECISION/ORDER DATED MARCH 10.2007
 

MOTION FOR CONSOLIDATION OF CIVIL ACTION 05-CV-857
 

MOTION TO FILE DOCUMENTS UNDER SEAL
 

MOTION FOR LEAVE OF COURT TO AMEND COMPLAINT
 

I, Cannencita M. Pedro, Pro Se Plaintiff and natural mother of K.L.F., Jr., hereby file this 

Complaint and Appeal of Section 504 Administrative Decision/Order Dated March 10,2007, 

Motion for Consolidation of Civil Action 05-CV-857, Motion to File Documents Under Seal, 

and Motion for Leave of Court to Amend Complaint appealing from the Administrative 

Decision/Order entered on March 10, 2007 by Hearing Officer David Bateman, Ph.D., In re: 

Section 504 Due Process Hearing for K.L.F., Jr., ODR File #7272/06-07. The Pro Se Plaintiff is 

complaining ofthose issues raised in Civil Action No. 05-CV-857 together with multiple other 

By: Cannencita M. Pedro, Pro Se Plaintiff 

Cannencita M. Pedro 

P.O. Box 15616 

541 North Paxon Street 

Philadelphia, PA 19131 

(215) 477-0505 voice/fax 

Pro Se Plaintiff 

v. 

The School District of Philadelphia, et al. 

440 North Broad Street 

Philadelphia, PA 19130 

(215) 400-4120 office 

(215) 400-4121 fax 

Defendants 

-- OSCJ YS7-i:; 

Civil Action No.

LOO? 

·.I\"::~;:, Clerk 

-~=>idf-=~_Dep. Clerk

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Case 2:05-cv-00857-WY Document 37 Filed 05/09/07 Page 1 of 5
issues, and shall seek appropriate relief from this Honorable Court, and in support thereof, she 

avers as follows: 

l. The jurisdiction of this Court is invoked pursuant to Section 504 of the 

Rehabilitation Act of 1973 and its implementing regulations at 34 C.F.R. Part 104 et seq., 

and IDEA 2004 and its implementing regulations at 34 C.F.R. Part 300, which afford, 

inter alia, a parent(s) the right to appeal an Administrative Decision/Order to Federal 

Court. 

2. The instant matter relates to, and arises from Section 504 Service Agreements 

dated February 18, 2005, December 16, 2005 and December 15, 2006, respectively, and 

all accommodations and provisions delineated therein which were proffered and provided 

to K.L.F., Jr. by the School District of Philadelphia (hereinafter "the School District") 

and its employees and/or representatives during the 2004-05, 2005-06 and 2006-07 

school years, to include, but not be limited to, the behavior support services provided to 

K.L.F., Jr. by the Children's Crisis Treatment Center School Based Behavioral Health 

Program and Outpatient Services Department. 

3. Civil Action 05-CV-857, which concerns itself solely with the Section 504 

Service Agreement dated February 18,2005, is hereby incorporated into and made part 

hereof, by reference, as though set forth and full. The Pro Se Plaintiff is now 

complaining of the issues raised in Civil Action No. 05-CV-857, together with multiple 

other issues. The Pro Se Plaintiff therefore seeks consolidation of Civil Action 

05-CV-857 with this Complaint. 

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4. On January 9, 2007, the Pro Se Plaintiff requested a Due Process Hearing 

complaining about the issues referenced in paragraph #2 supra [In re: Section 504 Due 

Process Hearing for K.L.F., Jr., ODR File #7272/06-07]. 

5. On February 23, 2007, a Due Process Hearing was convened and concluded 

before Hearing Officer David Bateman, Ph.D. [In re: Section 504 Due Process Hearing 

for K.L.F., Jr., ODR File #7272/06-07]. The School District was represented by 

Kimberly Caputo, Esquire, who is named as a Defendant in Civil Action 05-CV-857. 

6. On March 10,2007, Hearing Officer Bateman entered an Administrative 

Decision/Order [In re: Section 504 Due Process Hearing for K.L.F., Jr., ODR File 

#7272/06-07]. The Pro Se Plaintiff seeks the permission of this Honorable Court to file 

this Administrative Decision/Order under seal, as it contains both identifying and 

confidential information concerning the education and health ofK.L.F., Jr., which is 

protected information pursuant to the Family Educational Rights and Privacy Act 

(FERPA) and its implementing regulations at 34 C.F.R. Part 99, and the Health Insurance 

Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations at 

45 C.F.R. Part 160 and Subparts A and E of Part 164. 

7. The Pro Se Plaintiff files this Complaint on the instant date in order that her 

appeal of the Administrative Decision/Order dated on March 10,2007 is timely, as the 

time period for filing such an appeal in Federal Court is sixty (60) days from the date of 

the Administrative Decision/Order. 

8. The Pro Se Plaintiff seeks leave of Court until June 19, 2007 to amend this 

Complaint, in order that she may name additional Defendants, specifically detail the 

multiple other issues she now complains about, and amend her prayer for relief. She is 

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Case 2:05-cv-00857-WY Document 37 Filed 05/09/07 Page 3 of 5
currently unable to perfect this Complaint due to the constraints that have been placed on 

her time in response to the immediate needs presented by K.L.F., Jr. with respect to his 

care, maintenance, supervision, and oversight of his mentallbehavioral health and drug 

and alcohol treatment. 

WHEREFORE, the Pro Se Plaintiff respectfully prays this Honorable Court grant her 

relief by entering an Order that: 

1.	 Consolidates Civil Action 05-CV-857 with this Complaint. 

2.	 Grants the Pro Se Plaintiff permission to file the Administrative Decision/Order dated 

March 10, 2007 under seal. 

3.	 Grants the Pro Se Plaintiff leave of Court until June 19,2007 to amend this 

Complaint. 

4.	 Grants any other relief the Court finds fit and appropriate. 

Respectfully submitted, 

Carmencita M. Pedro 

Pro Se Plaintiff 

Date: 9 May 2007 

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Case 2:05-cv-00857-WY Document 37 Filed 05/09/07 Page 4 of 5
CERTIFICATE OF SERVICE
 

I, Carmencita M. Pedro, Pro Se Plaintiff, hereby certify that the attached Complaint and 

Appeal of Section 504 Administrative Decision/Order Dated March 10, 2007, Motion for 

Consolidation of Civil Action 05-CV-857, Motion to File Documents Under Seal, and Motion 

for Leave of Court to Amend Complaint have been filed of record on May 9, 2007 as indicated 

by the time/date stamp on p.l supra and that a true copy was served to the Defendants on 

May 9, 2007 via first class U.S. Postal Mail addressed as follows: 

The School District of Philadelphia
 

c/o Miles Shore, Esquire
 

Office of General Counsel
 

440 North Broad Street
 

Third Floor
 

Philadelphia, PA 19130
 

Date: May 9, 2007 

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