KB vs. East Pennsboro Area School District

PENNSYLVANIA
Special Education Hearing Officer

Child’s Name: KB
Date of Birth: xx/xx/xx
File Number: 7538/06-07 LS
Dates of Hearing: May 21, 2007; May 31, 2007

CLOSED HEARING

Parties to the Hearing: Ms.

East Pennsboro Area School District 890 Valley Street
Enola, PA 17025

Representative:

pro se

Donna Weldon, Esq.
Keefer, Wood, Allen & Rahal P.O. Box 11963
Harrisburg, PA 17108-1963

Date Transcript Received: June 6, 2007

Date of Decision:1 June 11, 2007

Hearing Officer Name: Gregory J. Smith

Background

Student is a xx-year-old sixth grade student who attends school in the East Pennsboro Area School District (District). Student first enrolled in the District at the start of the current school year. Shortly after the start of the school year, Student’s mother requested that an evaluation be completed and that Student be provided with special education services. Following that evaluation Student was identified as a child with a disability with a specific learning disability in written expression. During the current school year Student’s academic performance has been poor, he has had numerous disciplinary referrals, and he has been absent from school at least 47 days. The present due process hearing was held to address four issues:

  1. Did the District follow proper procedures when it changed Student’s educational placement?
  2. Was the initial evaluation completed by the District appropriate?
  3. Must the District provide Student with an independent educational evaluation?
  4. May the District complete a psychiatric evaluation of Student?

Issues

Did the East Pennsboro Area School District change Student’s educational placement without following proper procedures?

Was the initial evaluation completed by the East Pennsboro Area School District appropriate?
Must the East Pennsboro Area School District provide Student with an independent educational evaluation? May the East Pennsboro Area School District complete a psychiatric evaluation of Student?

KB-East-Pennsboro-Area-ODRNo-7538-06-07-LS

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