DG vs. Allentown City School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION

Child’s Name: D.G.

Date of Birth: [redacted] Date of Hearing: January 4, 2012 CLOSED HEARING
ODR File No. 2524/1112AS

Parties to the Hearing: Parent

Allentown City School District 21 S. Penn Street
Allentown, PA 18105

Representative:

Angela Uliana-Murphy, Esquire Law Offices of Murphy & Murphy 106 N. Franklin St., Suite 2
P. O. Box 97
Pen Argyl, PA 18072

Rebecca A. Young, Esquire
King, Spry, Herman, Freund & Faul, LLC
One West Broad Street, Suite 700 Bethlehem, PA 18018

Date Record Closed: January 9, 2012

Date of Decision: January 24, 2012

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

 

INTRODUCTION AND PROCEDURAL HISTORY

Student1 is a high school-aged student in the Allentown City School District (District). Student’s Parent filed a due process complaint against the District in November 2011, asserting that it denied Student a free, appropriate public education (FAPE) under Individuals with Disabilities Education Act (IDEA) 2 in failing to identify Student as a child with a disability who is eligible for special education.

The case proceeded to a due process hearing which convened over one session. The Parent claimed that the District’s educational evaluation of Student in the fall of 2011 was not appropriate, and she sought an Independent Educational Evaluation (IEE) at public expense as well as compensatory education. The District maintained that its evaluation was appropriate in concluding that Student was not a child with a disability.

For the reasons set forth below, I find in favor of the Parent on the claim for an IEE but in favor of the District on the remaining claims.

ISSUES

  1. Whether the District properly concluded that Student is not a child with a disability and eligible for special education;
  2. Whether the Parent and Student are entitled to an IEE at public expense; and
  3. Whether Student is entitled to compensatory education.

 

D-G-Allentown-City-ODRNo-2524-1112AS

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