IH vs. Cumberland Valley School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: I.H.

Date of Birth: [redacted]

Date of Hearing: June 24, 2010

CLOSED HEARING

ODR Case # 00908-0910KE

Parties to the Hearing: Parent[s]

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

Representative:

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

INTRODUCTION AND PROCEDURAL HISTORY

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.

ISSUE

Must the District fund an IEE?

I-H-Cumberland-Valley-ODRNo-00908-0910KE

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.