Pennsylvania
Special Education Hearing Officer
DECISION
Student’s Name: E.I.
Date of Birth: [redacted]
ODR No. 3304-11-12-AS
OPEN HEARING
Parties to the Hearing: Parent
School District of Philadelphia 440 North Broad Street, Suite 313 Philadelphia, PA 19130
Representative:
Robert B. Gidding, Esquire 2 Bala Plaza, Suite 300 Bala Cynwyd PA 19004
Judith Baskin, Esquire
Assistant General Counsel
School District of Philadelphia 440 North Broad Street, Suite 313 Philadelphia, PA 19130
Dates of Hearing: July 19, 2012, July 30, 2012
Record Closed: August 4, 2012
Date of Decision: August 8, 2012
Hearing Officer: William F. Culleton, Jr., Esquire
INTRODUCTION AND PROCEDURAL HISTORY
The student named in the title page of this decision (Student) is an eligible resident of the school district named in the title page of this decision (District), and attends a District elementary school. (NT 8.) Student is not identified as a child with a disability pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). (NT 8-9.) In response to a request for a re-evaluation by Student’s Mother (Parent), through counsel, the District filed a request for due process, seeking an order establishing that its reevaluation dated June 18, 2012 is appropriate. (NT 12; J-1 p. 3.) The hearing was completed in two sessions. I conclude that the District’s re-evaluation was appropriate, and I decline to order the private evaluation sought by Parents.
ISSUES
- Was the District’s re-evaluation dated June 18, 2012 appropriate under the IDEA and Chapter 14 of the Pennsylvania regulations?
- Is the Parent entitled to an IEE at public expense?