Pennsylvania
Special Education Hearing Officer
DECISION
Student’s Name: M.R.
Date of Birth: [redacted]
ODR No. 3326-11-12-AS
CLOSED HEARING
Parties to the Hearing: Parents
Central Bucks School District 16 Welden Drive Doylestown, PA 18901
Representative:
Tanya A. Alvarado, Esquire McAndrews Law Offices 30 Cassatt Avenue
Berwyn PA 19312
Scott H. Wolpert, Esquire Timoney Knox
P.O. Box 7544
400 Maryland Drive
Fort Washington, PA 19034
Dates of Hearing: October 15, 2012; October 17, 2012; November 20, 2012; January 7, 2013; January 15, 2013; January 23, 2013; February 5, 2013
Record Closed: February 25, 2013
Date of Decision: March 12, 2013
Hearing Officer: William F. Culleton, Jr., Esquire
INTRODUCTION AND PROCEDURAL HISTORY
The student named in the title page of this decision (Student) is an eligible resident of the school district named in the title page of this decision (District), and attends a District elementary school. (NT 9.) Student is identified as a child with a disability pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA), in the categories of Emotional
Disturbance, Specific Learning Disability and Other Health Impairment. (NT 9-10.)
Parents named in the title page of this decision (Parents)1 requested due process alleging that the District failed to re-evaluate Student appropriately in March 2012, requesting an order for an Independent Educational Evaluation (IEE) at public expense, to include a neuropsychological evaluation, a speech and language evaluation and a functional behavioral assessment (FBA). Parents also allege that the District failed to provide Student with a FAPE
from the beginning of Student’s first grade year in 2003 to date.
I bifurcated the matter, because there was a request for an independent educational
evaluation and for prospective relief, and I deemed it important to reach those issues as soon as possible. Thus, the issues raised for final decision at this time are the challenge to the March 15, 2012 re-evaluation and request for an IEE, as well as the claim that the District failed to provide Student with a FAPE from June 27, 20102 to the last day of hearings. (NT 45.)
The hearing was completed in seven sessions. The record for the first part of the bifurcated hearings closed upon receipt of written summations. The attached order is final for purposes of appeal. All other issues will be assigned a new case number.
ISSUES
- Was the District’s re-evaluation dated March 15, 2012, appropriate under the IDEA?
- Did the District fail to offer or provide Student with a FAPE from June 27, 2010 to February 5, 2013?
- Should the hearing officer order the District to provide an IEE at public expense, including a neuropsychological, speech and language or functional behavioral assessment, or any other assessment?
- Should the hearing officer order the District to provide compensatory education to Student for all or any part of the period from June 27, 2010 to February 5, 2013?
- Should the hearing officer order the District to provide any additional services for the 2012-2013 school year?