DS vs. Colonial Intermediate Unit

Special Education Hearing Officer


Child’s Name: DS

Date of Birth: xx/xx/xx

Dates of Hearing:
July 16, 2008, September 4, 2008, September 5, 2008

ODR #8856.07-08 KE

Parties to the Hearing:

Ms. and Mr.

Colonial IU/EI Program 6 Danforth Drive Easton, PA 18045-7820


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



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.



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?


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