IH vs. Cumberland Valley School District

Special Education Hearing Officer


Child’s Name: I.H.

Date of Birth: [redacted]

Date of Hearing: June 24, 2010


ODR Case # 00908-0910KE

Parties to the Hearing: Parent[s]

Ms. Mary Anne King
Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17050


Philip Drumheiser, Esq. P.O. Box 890
Carlisle, PA 17013

Sharon Rogers, Esq. P.O. Box 126 Hershey, PA 17033

Mark Walz, Esq. Sweet, Stevens, et. al. 331 E. Butler Avenue New Britain, PA 18901

Date Record Closed: July 16, 2010

Date of Decision: July 31, 2010

Hearing Officer: Jake McElligott, Esquire


Student) is a pre-teen-aged student residing in the Cumberland Valley School District (“District”). The parties do not dispute whether the student is a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1. The student’s grandmother, who acts as the student’s guardian, has requested an independent education evaluation (“IEE”) at public expense. The District defended the appropriateness of its evaluation and denied that the student is entitled to an IEE at public expense. For the reasons set forth below, the student’s guardian will prevail, and the District will be ordered to provide an IEE at public expense.


Must the District fund an IEE?


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