KM vs. Pottstown School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION AND ORDER

File Number: 6923/06-07 KE

Child’s Name: K.M.

Date of Birth: xx/xx/xx

School District: Pottstown

Type of Hearing: Closed

For the Student:

For the Pottstown School District:

Pam Bateson, Supervisor of Special Education Pottstown School District
940 North Franklin Street
Pottstown, PA 19464-5591

Stephen J. Jacobson, Esq. Sweet, Stevens, Tucker & Katz 331 Butler Avenue
P.O. Box 5069
New Britain, PA 18901-5069

Hearing Request Date: September 7, 2006

Unsuccessful Resolution Meeting Date: October 23, 2006

Hearing Date: November 3, 2006

Transcript Receipt Date: November 8, 2006

Decision Date: November 23, 2006

Hearing Officer: Daniel J. Myers

BACKGROUND

Student is a xx year old, 4th grade resident of the Pottstown School District (School District) who has been diagnosed with attention deficit disorder-hyperactive (ADHD), Oppositional Defiant Disorder (ODD), Early Onset Bipolar Disorder Not Otherwise Specified, and a Learning Disorder Not Otherwise Specified. Student’s parents reject the Section 504 Plan proposed by the School District, contending that it lacks some necessary accommodations, and further contending that Student requires an IEP. In addition, Student’s parents seek reimbursement for a privately-secured educational evaluation. For the reasons described below, I find for the School District.

ISSUES

  1. Whether or not the School District’s most recent evaluation report is appropriate?
  2. Whether or not Student’s parents are entitled to reimbursement of the costs of aprivately secured evaluation?
  3. Whether or not Student is entitled to services/accommodations pursuant to eitherChapter 14 (IDEIA) or Chapter 15 (Section 504)?

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