KB vs. Abington School District

Pennsylvania
Special Education Hearing Officer

FINAL DECISION AND ORDER

Student’s Name: K.B.

Date of Birth: [redacted]

ODR No. 14800-1314KE

CLOSED HEARING

Parties to the Hearing:

Abington School District

970 Highland Avenue Abington, PA 19001

Parent[s]

Representative:

Claudia Huot, Esquire

Blue Bell Executive Campus 460 Norristown Road, Suite 110 Blue Bell, PA 19422

Pro se

Dates of Hearing: April 28, 2014

Record Closed: April 28, 2014

Date of Decision: May 12, 2014

Hearing Officer: Brian Jason Ford

Introduction

This matter arises under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. [The] (Parents) are the parents of [the] Student. The Parents and the Student reside within the Abington School District (District), and the District is the Student’s local educational agency (LEA). Both the Parents and the District agree that the Student is IDEA-eligible, meaning that the Student has disabilities that are recognized by the IDEA, and by reason thereof, requires special education.

The IDEA recognizes 13 disabilities or categories of disabilities. Historically, the Student has met eligibility criteria under several categories, including the category of speech or language (S/L) impairment. According to a recent reevaluation report (RR) conducted by the District, the Student no longer satisfies the criteria for that category. Consequently, the District recommended the discontinuation of the Student’s S/L therapy. The Parents disagreed with both the conclusion in the RR about Student’s S/L needs, and the recommendation to discontinue S/L therapy.

After receiving the District’s RR and program recommendation, the Parents requested an independent educational evaluation (IEE) at the District’s expense. The District denied that request and, as required by law, requested this hearing to defend its RR. In its due process complaint (Complaint), the District asks me to find both that its RR is appropriate and that it may discontinue the Student’s S/L therapy. The District agrees, however, that the Student remains IDEA-eligible under other categories. Parents argue that the District reached an inaccurate conclusion about the Student’s S/L needs, and ask me to order the District to fund an IEE, and to maintain the Student’s S/L therapy.

Issues

  1. Was the District’s most recent RR appropriate?
  2. May the District discontinue the Student’s S/L therapy?
K-B-Abington-ODRNo-14800-1314KE

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.