KH vs. Abington School District


Hearing Officer Decision K.H.
Birthdate: xx/xx/xx

Hearing Date: July 19, 2006

File No: 6649/05-06 LS

Closed Hearing

Parties to the Hearing: Parents

Abington School District
Dr. Richard Balukas,

Director of Special Education 970 Highland Avenue

Abington, PA 19001-4535

Attorney: Lawrence Dodds, Esq. 484 Norristown Road, Suite 100 Blue Bell, PA 19422

Transcript Received: July 24, 2006
Date of Decision : August 2, 2006
Hearing Officer : Joseph G. Rosenfeld, Ph.D.

I. Background

Student 1 is a student whose birthdate is xx/xx/xx. Her father resides within the boundaries of the Abington School District (SD). At times she has also attended [another] School District, the residence of her mother. Currently, there exists an order from the Court of Common Pleas ordering that the children are to remain in the Abington School District (S-12)2. Student has now completed the fifth grade and will be entering the sixth grade. During her time in the SD, Student was struggling academically in reading and mathematics and her teacher believed that she needed additional support that was not available in regular education. The SD conducted an evaluation and a determination was made that the student was eligible for special education services and an IEP team was convened, a NOREP was prepared to which the father approved (S-24. S-25).

The mother believes that the evaluation was inappropriate and has requested an independent evaluation at public expense. The single focus of this hearing is whether the SD is required to provide the independent examination at no cost to the parent.

III. Issues:

  1. Was the evaluation performed by the SD appropriate?
  2. Is the mother entitled to an independent educational evaluation at public expense?

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