Special Education Hearing Officer
Student’s Name: J.D.
Date of Birth: [redacted]
ODR No. 3296-11-12-KE
Parties to the Hearing: Parent
Central Bucks School District 16 Welden Drive Doylestown, PA 18901
Representative: Pro Se
Scott H. Wolpert, Esquire Timoney Knox, LLP
400 Maryland Drive
P. O. Box 7544
Fort Washington, PA 19034
Date of Hearing: January 4, 2013
Record Closed: January 8, 2013
Date of Decision: January 22, 2013
Hearing Officer: William F. Culleton, Jr., Esquire
INTRODUCTION AND PROCEDURAL HISTORY
The student named in the title page of this decision (Student) is an eligible resident of the school district named in the title page of this decision (District). (NT 8-9.) Student is not currently enrolled in a District school. (NT 75, 148-149.) Based on the most recent Re- evaluation Report, Student is identified as a child with the disability Other Health Impairment, pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA).(NT 64-65; S-39.)
In response to a request for an independent educational evaluation (IEE) by Student’s Mother (Parent), the District filed a request for due process, seeking an order establishing that its re-evaluation dated April 9, 2012,1 is appropriate. (NT 23-24, 27-28.)
The hearing was completed in one session. I conclude that the District’s re-evaluation was appropriate, and I decline to order an IEE at public expense. Parent retains the right under the IDEA to privately fund any evaluation, and the District is obligated to consider any such evaluation if provided to the District. 34 C.F.R. §300.502(c).
- Was the District’s re-evaluation dated April 9, 2012, appropriate under the IDEA?
- Is the Parent entitled to an IEE at public expense?