KG vs. Berks County IU-EI Program

Special Education Hearing Officer


Child’s Name: K. G.1

Date of Birth: [redacted]

Dates of Hearing: 11/4/2016, 12/8/2016, and 1/5/2017


ODR File No. 18242-16-17

Parties to the Hearing:

Parents Parent[s]

Local Education Agency Berks County IU/EI Program 1111 Commons Blvd. Reading, PA 19612-6050


Parent Attorney Elizabeth Kapo Esq. 2123 Pinehurst Road Bethlehem, PA 18018

LEA Attorney
Christina Stephanos
Sweet, Stevens, Katz & Williams LLP 331 Butler Avenue
New Britain, PA 18601

Date Record Closed: January 5, 2017

Date of Decision: January 26, 2017

Hearing Officer: Charles W. Jelley Esq. LL.M


This case arises from a Complaint filed by the Berks County Intermediate Unit (BCIU), the Local Education Agency (LEA) to support the appropriateness of its reevaluation of an eligible young Child (Child). The IU’s previous evaluation identified the Child as a person with Autism2 who had previously qualified for Part-C services. The IU evaluation, then and now identifies the Child as a person with Autism. Shortly after the initial evaluation, the Child began receiving preschool (ages 3 to 5) special education services from the IU.3

In the spring of 2016, the IU reevaluated the Child. After the parties reviewed the reevaluation report (RR) and established the Child’s continued need for services, the Grandparents4 requested an Independent Educational Evaluation (IEE). The request focused on all of the domain areas addressed by the IU evaluation team. In particular, the Grandparents focused on the need for an independent Physical Therapy, Occupational Therapy, and an Assistive Technology evaluation. After the IEE request was reviewed, the IU filed a timely due process complaint to support the appropriateness of its reevaluation.


Did the IU Early Intervention Program conduct an in-depth, sufficient comprehensive, evaluation of the Child in all areas of development strengths and needs?

If the IU Early Intervention Program did not conduct an appropriate evaluation, should the IU Early Intervention Program be ordered to fund an independent educational evaluation in one or more developmental areas as requested by the Grandparents?


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