ID vs Berks County IU/EI Program

Pennsylvania
Special Education Hearing Officer

DECISION
ODR No. 15920-1415AS

Child’s Name: I.D.
Date of Birth: [redacted]

Date of Hearing: 4/30/15

CLOSED HEARING

Parties to the Hearing:

Parents Parent[s]

Local Education Agency Berks County IU/EI Program 1111 Commons Boulevard P.O. Box 16050
Reading, PA 19612-6050

Representative:

Parent Attorney Elizabeth Kapo, Esquire 2123 Pinehurst Road Bethlehem, PA 18018

LEA Attorney
Andrew Faust, Esquire
Sweet, Stevens, Katz & Williams 331 Butler Avenue, P.O. Box 5069 New Britain, PA 18901

Date Record Closed: May 4, 2015

Date of Decision: May 29, 2015

Hearing Officer: Anne L. Carroll, Esq.

INTRODUCTION AND PROCEDURAL HISTORY

This case arises from a Local Education Agency (LEA)/Intermediate Unit (IU) complaint to support the appropriateness of its initial and reevaluation of an eligible young child (Child) who had previously qualified for Part-C IDEA services. After the initial evaluation in the fall of 2013 established the Child’s Part-B IDEA eligibility due to developmental delay, the Child began receiving pre-school (ages 3—5) special education services from the IU.

At Parent’s request, the IU reevaluated the Child in the fall of 2014, which resulted in changing the Child’s eligibility category to autism. After the parties met to review the reevaluation report (RR) and the Child’s IEP, Parent requested an IEE in all of the areas covered by the IU reevaluation, as well as independent physical therapy and assistive technology evaluations and functional behavior assessment (FBA).

After refusing Parent’s IEE request, the IU filed the due process complaint to support the appropriateness of its reevaluation, and to the extent necessary, its initial evaluation. The documentary evidence and testimony produced at the single brief hearing session established that the IU evaluation and reevaluation, as completed, met all substantive federal and state IDEA requirements and that the record does not otherwise support Parent’s claim for an IEE at public expense in any area, notwithstanding procedural violations that occurred in connection with the reevaluation and subsequently.

ISSUE

Did the Intermediate Unit/EI Program conduct appropriate evaluations of the Child in that the LEA evaluations sufficiently identify all of the Child’s strengths and needs, or should the LEA be ordered to fund independent evaluations in one or more areas as requested by Parent?

I-D-Berks-County-IU-EI-Program-ODRNo-15920-1415AS

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