CB vs. Avon Grove 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: C.B.

Date of Birth: [redacted]

Date of Hearing: December 5, 2012

CLOSED HEARING

ODR Case #13185-1213KE

Parties to the Hearing:

Parents

Avon Grove School District 383 S. Jennersville Road West Grove, PA 19390

Representative:

L. Lee Wentz, Esquire 2424 E. York Street Suite 316
Philadelphia, PA 19125

Kathleen Metcalfe, Esquire 331 Butler Avenue
P.O. Box 5069
New Britain, PA 18901

Date Record Closed: December 24, 2012

Date of Decision: January 4, 2013

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

[Student] (“student”) is a [pre-teenaged] student residing in the School District (“District”). The parties agree that the student qualifies under the terms of the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1 for specially designed instruction/related services for a speech and language impairment. As the result of a parental request for objective data, the District evaluated the student using two subtests of a speech and language assessment. Based on the results of this assessment, the District’s speech and language therapist found that the student no longer required speech and language services in the area of written language which led to the removal of a writing goal from the student’s individualized education plan (“IEP”). As a result, the Parents requested an independent educational evaluation for speech and language (“IEE”) at public expense. The District denied this request for an IEE and requested this special education due process hearing to defend its denial of the parents’ request.

For the reasons set forth below, I find in favor of the parents.

 

ISSUES

Must the District provide an IEE at public expense?

 

C-B-Avon-Grove-ODRNo-13185-1213KE

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