KS vs. North Pocono School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

6477/05-06 KE

File Number

K.S.

Child’s Name

Xx/xx/xx

Date of Birth

August 29, 2006

Date of Hearing

Closed

Type of Hearing

For the Student: Parents

Drew Christian, Esq. Attorney-at-Law 801 Monroe Avenue Scranton, PA 18510

For the North Pocono School District:

Carole Natitus
Supervisor of Pupil Personnel North Pocono School District 851 Church Street
Moscow, PA 18444

Anne E. Hendricks, Esq.
Levin Legal Group
1301 Masons Mill Business Park 1800 Byberry Road
Huntingdon Valley, PA 19006

Date of Hearing: August 29, 2006

Date of Receipt of Transcript: September 5, 2006

Date of Decision: September 20, 2006

Hearing Officer: Daniel J. Myers

BACKGROUND

Student is a xx year old, 11th grade resident of the School District whose alleged anxiety, depression and/or school-related panic attacks prompted his psychiatrist to recommend four months of homebound instruction. After placing Student on homebound instruction, the School District then pressed truancy charges. Eventually, the School District issued an evaluation report concluding that Student does not have a disability and is not in need of either specially designed instruction or accommodations. Student contests the School District’s evaluation report and seeks an independent educational evaluation. For the reasons described below, I conclude that the School District’s evaluation report is not sufficiently thorough and, therefore, is not appropriate. Accordingly, I will order that the School District provide Student with an independent educational evaluation at public expense.

ISSUE

Whether Student is entitled to an independent educational evaluation?

K-S-North-Pocono-ODRNo-6477-05-06-KE

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