JK vs. Owen J. Roberts School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: J.K.
Date of Birth: [redacted]

Date of Hearing: May 19, 2016

CLOSED HEARING
ODR Cases #17196-1516AS

Parties to the Hearing: Parent[s]

Owen J. Roberts School District 3650 St. Peters Road
Elverson, PA 19520

Representative: Pro Se

David Painter, Esquire 331 East Butler Avenue New Britain, PA 18901

Date Record Closed: May 19, 2016

Date of Decision: May 31, 2016

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION

[The Student] (“student”)1 is an [early elementary school-aged] student residing in the Owen J. Roberts School District (“District”) who has been identified as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (IDEIA)2. The student has been identified under the terms of IDEIA as a student with the health impairment of attention deficit hyperactivity disorder (“ADHD”), specific learning disabilities, and speech and language impairment.

The student was initially evaluated, and identified as a student who required special education under the IDEIA, in November 2013 while a resident in a nearby school district. In May 2015, the parents requested that the student be re-evaluated by the District. In October 2015, the District issued its re-evaluation report (“RR”).

On December 23, 2015, after meetings of the student’s individualized education plan (“IEP”) team, the parents filed a special education due process complaint at ODR file number 17187-1516AS. At some point in the midst of these matters, the parents requested an independent educational evaluation (“IEE”) at public expense. Pursuant to 34 C.F.R. §§300.502(b)(1),(2); 22 PA Code §14.102(a)(2)(xxix), then, the District filed a special education due process complaint in defense of its evaluation process/report at this file number. A complicated procedural history ensued, which is detailed below.

For the reasons set forth below, I find in favor of the District. The October 2015 District RR was appropriate when issued. There will be a modification [of] the findings of the RR based on information developed and provided to the District after the issuance of the RR.

ISSUE

Did the District evaluation process and re-evaluation report of October 2015 meet its obligations to the student under IDEIA?

J-K-Owen-J-Roberts-ODRNo-17196-1516AS

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