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

Child’s Name: B.L.

Date of Birth: [redacted]

Dates of Hearing: 4/23/2015, 4/28/2015

CLOSED HEARING

ODR File No. 16036-14-15-KE

Parties to the Hearing:

Parents Parent[s]

Local Education Agency
Owen J. Roberts School District 901 Ridge Road
Pottstown, PA 19465-8423

Representative: Parent Attorney

LEA Attorney
Sharon Montanye Esq.
Sweet, Stevens, Katz & Williams PO Box 5069, 331 Butler Avenue New Britain , PA 18901

Date Record Closed: 4/28/2015

Date of Decision: 5/7/15

Hearing Officer: William Culleton Esq.

 

INTRODUCTION AND PROCEDURAL HISTORY

Student1 is an eligible child with a disability pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). Student lives within the respondent District. (NT 8-9.) Student is identified under the IDEA as a child with the disabilities Autism, 34 C.F.R. §300.8(c)(1), and Intellectual Disability, 34 C.F.R. §300.8(c)(6)2. (NT 8.)

The Parents requested an Independent Educational Evaluation (IEE) at public expense, after disagreeing with the District’s re-evaluation of Student dated February 21, 2015. In response, the District filed this complaint requesting an order concluding that its re-evaluation dated February 2015 is appropriate under the IDEA, and denying Parents the requested IEE.

The hearing was completed in two sessions. I conclude that the District has failed to demonstrate that its re-evaluation was appropriate, and I order a complete IEE at public expense.

ISSUES

  1. Was the District’s re-evaluation of Student, report dated February 21, 2015, appropriate under the IDEA?
  2. Are Parents entitled to an IEE at public expense?
B-L-Owen-J-Roberts-ODRNo-16036-14-15-KE

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