DC vs. Reading School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION

Child’s Name: D.C.

Date of Birth: [redacted]

Dates of Hearing:

CLOSED HEARING

ODR File No. 14350/1314AS

Parties to the Hearing: Parents

Reading School District 800 Washington Street Reading, PA 19601-3616

Representative: Pro Se

Kathleen M. Metcalfe, Esquire
Sweet, Stevens, Katz & Williams LLC 331 E. Butler Avenue
New Britain, PA 18901

Date Record Closed: November 8, 2013

Date of Decision: November 18, 2013

Hearing Officer: Cathy A. Skidmore, M.Ed., J.D.

 

INTRODUCTION AND PROCEDURAL HISTORY

Student1 is a late-teenaged student in the Reading School District (District) who is eligible for special education pursuant to the Individuals with Disabilities Education Act (IDEA)2 by reason of Intellectual Disability and Speech/Language Impairment. Following a parental request for an Independent Educational Evaluation at public expense, the District filed a due process complaint on October 4, 2013, seeking an order denying the Parent’s request.3

The case proceeded to a due process hearing convening over three sessions, at which the parties presented evidence in support of their respective positions. The District sought to establish that its Reevaluation Report was appropriate under the applicable law, while the Parents challenged that position.

For the reasons set forth below, and following careful review of the Reevaluation Report at issue, as well as consideration of the testimony and exhibits, I find in favor of the District.

ISSUES

  1. Whether the District’s Reevaluation Report of September 9, 2013, was appropriate; and
  2. If it was not appropriate, are the Parents and Student entitled to an Independent Educational Evaluation at public expense?
D-C-Reading-ODRNo-14350-1314AS

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