Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: DS
Date of Birth: xx/xx/xx
Dates of Hearing:
July 16, 2008, September 4, 2008, September 5, 2008
CLOSED HEARING
ODR #8856.07-08 KE
Parties to the Hearing:
Ms. and Mr.
Colonial IU/EI Program 6 Danforth Drive Easton, PA 18045-7820
Representative:
Jonathan S. Corchnoy, Esquire 1515 Market Street, Suite 1510 Philadelphia, PA 19102
Rebecca A. Young, Esquire
King, Spry, Herman, Freund & Faul One West Broad Street, Suite 700 Bethlehem, PA 18018
Date Record Closed: September 24, 2008
Date of Decision: October 9, 2008
Hearing Officer: William F. Culleton, Jr., Esquire
INTRODUCTION AND PROCEDURAL HISTORY
Student is a [young] resident of the Colonial Intermediate Unit 20 (IU), and is not currently identified as a child with a disability for special education purposes. (NT 16-18.) Until Student’s reevaluation in April 2008, the Student was identified as eligible for and was receiving special education and related services including occupational therapy and speech and language therapy as part of the Early Intervention program of the IU. (S-37 p. 1.) In April 2008, the IU reevaluated the Student and recommended that Student be exited from special education. (S-37, 40, 42.) Ms. (Parent) and Mr. (together, Parents) requested an independent educational evaluation (IEE), and the IU requested due process for an order that its reevaluation was appropriate.
The hearing was conducted on three dates, July 16, 2008, September 3, 2008 and September 4, 2008. The record closed on September 24 upon receipt of written summations from the parties.
ISSUES
1. Was the District’s evaluation, as reported in the Evaluation Report dated April 10, 2008, appropriate?
2. Should the hearing officer order an independent educational evaluation at public expense?