CC vs. Montgomery County Intermediate Unit

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:
C.C.

Date of Birth:
[redacted]

CLOSED HEARING
ODR File 19454 17 18

Date of Hearing:
8/28/17

Parent(s):
[redacted]

Catherine Reisman, Esquire, Carolla, Reisman and Gran, 19 Chestnut Street, Haddonfield, NJ 08022
Counsel for Parents

School District:
Montgomery County Early Intervention, 2 West Lafayette Street, Norristown, PA 19401

Heather Matejik, Esquire, Fox Rothschild, 10 Sentry Parkway, Suite 200 Blue Bell, PA 19422
Counsel for Local Educational Agency

Date of Decision:
9/16/17

Hearing Officer:
Linda M. Valentini, Psy.D. Certified Hearing Official

Background

The Child1 is currently a preschool-age child who received Early Intervention Services from the Intermediate Unit (IU) and who is eligible for special education pursuant to the Individuals with Disabilities Education Act (IDEA) and Pennsylvania Chapter 14 under the current classification of developmental delay. As such, the Child is also an individual with a disability as defined under Section 504 of the Rehabilitation Act, 29 U.S.C. §794 and a protected handicapped student under Pennsylvania Chapter 15.2

In preparation for the Child’s transition from Early Intervention Services to Preschool Services the IU conducted a multidisciplinary evaluation which it completed on May 24, 2017 and issued to the Parents on or about May 26, 2017. On June 20, 2017 the Parents requested an independent educational evaluation (IEE) at public expense. The IU requested this hearing in response to the Parents’ request because it believes that its evaluation of the Child is appropriate.

For the reasons put forth below I find in favor of the Intermediate Unit.

Issue

Was the Intermediate Unit’s May 24, 2017 evaluation of the Child appropriate?

 

C-C-Early-Intervention-Services-ODRNo-19454-17-18

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