CS vs. Dunmore School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: CS

Date of Birth: xx/xx/xx

Date of Hearing: June 23, 2009

CLOSED HEARING

ODR No. 9899/08-09 KE

Parties to the Hearing:

Parents :

School District:
Richard McDonald, Superintendent Dunmore School District
300 W. Warren Street
Dunmore, PA 18512

Representative:

Pro Se

School District Attorney: Harold McGrath, Esq. McGrath Law Office
321 Spruce Street, Suite 600 Scranton, PA 18503

Date Record Closed: July 1, 2009

Date of Decision: July 3, 2009

Hearing Officer: Daniel J. Myers

INTRODUCTION AND PROCEDURAL HISTORY

Student (Student)1 is an early teen aged student in the Dunmore School District’s (District) elementary center who was not identified as a child with a disability when last evaluated in January 2007. The dispute between the parties concerns who will perform an independent educational evaluation (IEE) at public expense. Student requests a particular evaluator from a different part of the state whose fees may be higher than evaluators typically used by the District. The District wants the Parent to choose from a District list of evaluators. I conclude that the District has failed to comply with regulations that otherwise permit school districts to restrict parental choice of a publicly funded IEE evaluator. Accordingly, in this case I find for Student’s parent.

ISSUE

Whether an IEE at public expense shall be conducted by one of the evaluators on a District list, or by Dr. R, an evaluator preferred by Student’s parent who is not on the District’s list?

CS-Dunmore-ODRNo-9899-08-09-KE-

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