BM vs. Lower Merion 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

Student’s Name: B.M.

Date of Birth: [redacted]

ODR No. 3315-11-12-AS

CLOSED HEARING

Parties to the Hearing:

Parent

Lower Merion School District 301 East Montgomery Avenue Ardmore, PA 19003-3338

Representative:

Pro Se

Amy T. Brooks, Esquire
Wisler Pearlstine, LLP
Blue Bell Executive Campus 460 Norristown Road, Suite 110 Blue Bell, PA 19422

Date of Hearing: October 24, 2012

Record Closed: November 14, 2012

Date of Decision: November 24, 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 middle school1. (NT 23.) Student is identified as a child with the disabilities Other Health Impairment and Specific Learning Disability, pursuant to the Individuals with Disabilities Education Act, 20

U.S.C. §1401 et seq. (IDEA). (NT 23-25; S-24.)
In response to a request for an independent educational evaluation (IEE) by Student’s

Mother (Parent), the District filed a request for due process, seeking an order establishing that its re-evaluation dated May 31, 2012, revised June 6, 2012 and June 21, 2012, is appropriate. (NT 63-64.)

The hearing was completed in one session. I conclude that the District’s re-evaluation was appropriate, and I decline to order an IEE at public expense. Parent retains the right under the IDEA to privately fund any evaluation, and the District is obligated to consider any such evaluation if provided to the District. 34 C.F.R. §300.502(c).

ISSUES

  1. Was the District’s re-evaluation dated May 31, 2012, revised June 6, 2012 and June 21, 2012, appropriate under the IDEA?2
  2. Is the Parent entitled to an IEE at public expense?
B-M-Lower-Merion-ODRNo-3315-11-12-AS

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