NB vs. North Allegheny School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION

Child’s Name: N.B.

Date of Birth: [redacted]

CLOSED HEARING

ODR File No. 18803-16-17 KE

Parties to the Hearing:

Parents Parents

Local Education Agency
North Allegheny School District 200 Hillvue Lane
Pittsburgh, PA 15237

Representative:

Parent Attorney None

LEA Attorney
Christina Lane, Esquire Maiello, Brungo & Maiello LLP 424 South 27th Street, #210 Pittsburgh, PA 15203

Date of Hearing: March 20, 2017

Date of Decision: April 5, 2017

Hearing Officer: Cathy A. Skidmore, M.Ed., J.D.

INTRODUCTION AND PROCEDURAL HISTORY

The student in this matter (Student)1 is a late-pre-teenaged student who resides within the North Allegheny School District (District), but currently attends a private parochial school (Private School). Student’s Parents sought a District evaluation of Student to determine whether Student is eligible for special education pursuant to the Individuals with Disabilities Education Act (IDEA).2 After the evaluation was completed, the Parents requested an Independent Educational Evaluation (IEE) at public expense due to their disagreement with the evaluation process and resulting conclusions. The District refused that request and filed a due process complaint seeking to defend its evaluation.

Following assignment of the case to this hearing officer, she provided information to the parties about the hearing process, and a conference call was also conducted to answer procedural questions.3 The case proceeded to a due process hearing convening over a single session. The District presented evidence seeking to establish that the evaluation it conducted met all criteria in the IDEA and relevant federal and state regulations, while the Parents challenged certain aspects of that evaluation. For the reasons set forth below, the District’s claim will be granted.

ISSUES

  1. Whether the District’s evaluation of Student met all requisite criteria of a special education evaluation; and
  2. If the District’s evaluation did not meet all required criteria, should the District be ordered to provide an IEE of Student at public expense?
N-B-North-Allegheny-ODRNo-18803-16-17-KE

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.