MH vs. Methacton School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: M. H.

ODR #17792 / 15-16-AS

Date of Birth: [redacted]

Date of Hearing: June 17, 2016

CLOSED HEARING

Parties to the Hearing: Parent[s]

Methacton School District 1001 Kriebel Mill Road Norristown, PA 19403

Representative:
Michael Raffaele, Esquire Frankel & Kershenbaum 1230 County Line Road Bryn Mawr, PA 19010

Christina Stephanos, Esquire Sweet, Stevens, Katz & Williams 331 Butler Avenue
New Britain, PA 18601

Date Record Closed: June 22, 2016

Date of Decision: June 23, 2016

Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official

Background

Student1 is a middle-teen-aged aged student enrolled in the District. Student is diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and currently has a Section 504 Plan. At the Parents’ request the District evaluated Student to determine eligibility for special education under the IDEA. The Parents subsequently requested an Independent Educational Evaluation (IEE) at public expense because they believe that the District’s February 5, 2016 evaluation was inappropriate as it did not evaluate Student in all areas of suspected disability, specifically for autism, for emotional disturbance and for a specific learning disability particularly in written expression. The District filed for this hearing to defend the appropriateness of its evaluation.

After listening carefully to the two witnesses and thoroughly reviewing the exhibits I find in favor of the Parents for the reasons put forth below and will order an IEE at public expense. The IEE will be a multidisciplinary evaluation as put forth below.

Issue

Was the District’s February 5, 2016 evaluation appropriate, and if not is Student entitled to an IEE at public expense?

M-H-Methacton-ODRNo-17792-15-16-AS

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