EK vs. Rose Tree Media School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: E.K.

ODR #15115 / 13-14-KE

Date of Birth:

[redacted]

Date of Hearing: July 22, 2014

CLOSED HEARING

Parties to the Hearing: Parent[s]

Rose Tree Media School District 308 North Olive Street
Media, PA 19063

Representative:
Scott Johnson, Esquire
Shepherd, Finkelman, Miller & Shah 35 East State Street
Media, PA 19063

Frances Ratner, Esquire 19 West Third Street Media, PA 19063

Date Record Closed : August 5, 2014

Date of Decision: August 13, 2014

Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official

Background

Student1 is an elementary school-aged student who has been diagnosed with Asperger’s Disorder. The District evaluated Student at the Parents’ request and determined that although Student has a disability Student is not eligible for special education under the Individuals with Disabilities Education Act [IDEA]. The Parents disagreed and requested an independent educational evaluation [IEE]. Believing its evaluation to be appropriate the District declined the Parents’ request and filed for this hearing as the IDEA requires of an LEA when declining a parental request for an IEE at public expense. Subsequent to the District’s due process filing, the Parents obtained an IEE and it is for this evaluation that they now seek reimbursement.

Issue

Was the District’s May 14, 2014 evaluation of the Student appropriate under the IDEA?

E-K-Rose-Tree-Media-ODRNo-15115-13-14-KE

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