SPECIAL EDUCATION HEARING OFFICER
Child’s Name: D.Q.
Date of Birth: [redacted]
Dates of Hearing: February 21, 2014; April 2, 2014
ODR File No. 14540-1314KE
Parties to the Hearing:
Bensalem Township School District 3000 Donallen Drive
Bensalem, PA 19020
David T. Painter, Esquire
Sweet, Stevens, Katz & Williams LLP 331 East Butler Avenue
New Britain, PA 18901
Date Record Closed: April 17, 2014
Date of Decision: April 30, 2014
Hearing Officer: Cathy A. Skidmore, M.Ed., J.D.
INTRODUCTION AND PROCEDURAL HISTORY
Student1 is a pre-teenaged student residing in the Bensalem Township School District (hereafter District). The District filed a due process complaint under the Individuals with Disabilities Education Act (IDEA)2 after Student’s Parents requested an independent educational evaluation (IEE) at public expense.
The case proceeded to a due process hearing,3 at which the parties presented evidence in support of their respective positions. The District sought to establish that its evaluation of Student was appropriate, while the Parents4 challenged that position and requested an award of an IEE of Student at public expense.
For the reasons set forth below, I find in favor of the District.
Whether the District’s January 2013 evaluation of Student was appropriate; and, if it was not, are the Student and Parents entitled to an IEE at public expense?