KG vs. Downingtown Area School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

ODR #19298/16-17 KE

Name of Child: K.G.

Date of Birth: [redacted]

Dates of Hearing: July 7, 2017

CLOSED HEARING

Parties to the Hearing: Parent[s]

Downingtown Area School District 540 Trestle Place
Downingtown, PA 19335

Representative: Pro Se

Katie Metcalfe, Esquire
Sweet Stevens Katz & Williams 331 Butler Avenue
New Britain, PA 18901

Date of Decision: July 20, 2017

Hearing Officer: Linda M. Valentini, Psy.D. CHO Certified Hearing Official

Background

Student1 is a mid-elementary school aged student who is enrolled in the District and who is eligible for special education pursuant to the Individuals with Disabilities Education Act (IDEA) and Pennsylvania Chapter 14 under the current classification of Other Health Impairment due to elevated levels of inattention and elevated levels of anxiety. As such, the Student is also an individual with a disability as defined under Section 504 of the Rehabilitation Act, 29 U.S.C. §794 and a protected handicapped student under Pennsylvania Chapter 15.2

The District requested this hearing in response to the Parents’3 request for an independent educational evaluation (IEE) at public expense because it believes that its April 18, 2017 evaluation of Student is appropriate.

The Parents assert that Student should have been classified as a student with autism. Based upon the preponderance of the evidence before me I accept the Parents’ argument that the evaluation was inappropriate in this regard and will order an IEE to specifically address the question of whether Student should be classified as a student on the autism spectrum.

The Parents also contend that [redacted].

Issue[s]

Was the District’s evaluation of Student in the area of autism appropriate and if not must the District fund an Independent Educational Evaluation at public expense to address this issue?

[Redacted.]

KE-Downingtown-Area-ODRNo-9298-16-17-KE

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