JD vs. Central Bucks School District

Pennsylvania
Special Education Hearing Officer

DECISION

Student’s Name: J.D.

Date of Birth: [redacted]

ODR No. 3296-11-12-KE

CLOSED HEARING

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).

ISSUES

  1. Was the District’s re-evaluation dated April 9, 2012, appropriate under the IDEA?
  2. Is the Parent entitled to an IEE at public expense?
J-D-Central-Bucks-ODRNo-3296-11-12-KE

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