BL vs. Owen J. Roberts School District

This is a redacted version of the original decision. Select details have been removed
from the decision to preserve anonymity of the student. The redactions do not affect the
substance of the document.

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: B.L.

ODR #15486/14-15 AS

Date of Birth:
[redacted]

Date of Hearing:
December 22, CLOSED HEARING

Parties to the Hearing:

Parent[s]

Owen J. Roberts School District 901 Ridge Road
Pottstown, PA 19465

Representative:

Pro Se

Sharon Montanye, Esquire
Sweet, Stevens, Katz and Williams PO Box 5069
331 Butler Avenue
New Britain, PA 18901

Date Record Closed: December 30, 2014
Date of Decision: January 19, 2015
Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official

 

Background

Student1 is an early teen-aged student who is eligible for special education pursuant to the Individuals with Disabilities Education Act [IDEA] and Pennsylvania Chapter 14 under the current classification of Autism. There is no dispute about the classification of Autism which was conferred prior to the family’s move to Pennsylvania from [another state]. The Parents2 filed this complaint because they believe that Student should receive a secondary classification of Intellectual Disability. As such they disagree with the District’s evaluation, which only conferred the classification of Autism. The Parents are challenging the District’s evaluation, specifically the omission of Intellectual Disability as a secondary classification. For the reasons given below I find in favor of the Parents.

Issue

Was the District’s 2012 evaluation inappropriate because of its failure to classify Student as intellectually disabled as well as autistic?

B-L-Owen-J-Roberts-ODRNo-15486-14-15-AS

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