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