Pennsylvania
Special Education Hearing Officer
DECISION
Child’sName: L.F.
Date of Birth: [redacted]
Dates of Hearing: August 16, 2010
CLOSED HEARING
ODR No. 1277‐09‐10 KE
Parties to the Hearing: Parents
School District
Mark Klein, Superintendent Council Rock School District 30 North Chancellor St. Newtown, PA 18940 mklein@crsd.org
Representative:
Parents’ Attorney
Mr. Frederick Stanczak, Esquire 179 N. Broad Street Doylestown, PA 18901 fstanczak@msn.com
School District Attorney
Ms. Joanne Sommer, Esquire Eastburn and Gray
60 East Court Street Doylestown, PA 18901 jsommer@eastburngray.com
Date Record Closed: August 17, 2010
Date of Decision: August 28, 2010
Hearing Officer:Rosemary E. Mullaly, Esquire
INTRODUCTION AND PROCEDURAL HISTORY
[Student] (“the Student”) is a [teenaged] student residing in the Council Rock School District. [Student] is not identified as “a child with a disability” according to the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. Section 1400 et seq.
The hearing in this matter was initiated by the District, as required by the IDEA implementing regulations at 34 C.F.R. Section 300.502(b), because it had denied the Parents’ request for an independent educational evaluation at public expense. This matter was originally scheduled for hearing on July 28, 2010, but was postponed until August 16, 2010 so that the parties could participate in mediation in attempt to resolve this matter without need of an administrative hearing. The parties waived the resolution meeting in favor of the mediation session.
Neither party asserted an objection as to the timeliness of the disclosure of evidence and records. The Parents, who were accompanied by counsel and notified of the options for an open or a closed hearing, opted for the hearing to be closed.
The process for admission of exhibits was explained to the parties – that if a document were identified on the record it was admitted into the record – unless objected to by opposing counsel. In each circumstance in which a document was objected to due to hearsay evidence contained therein, the document was excluded from the record in this matter.
The only issue presented to the hearing officer is whether the Student’s Parents are entitled to an independent educational evaluation (“IEE”) at public expense. Both parties were represented by counsel and were aware of the limited scope of this hearing and neither side waived any rights by failing to raise any additional issues during the compilation of the record in this matter. The record in this matter closed on August 17, 2010.
ISSUE
Whether the Student’s Parents are entitled to an independent educational evaluation at public expense?