OK vs. Council Rock School District

Pennsylvania
Special Education Hearing Officer

FINAL DECISION AND ORDER

Student’s Name: O.K.

Date of Birth: [redacted]

ODR No. 14916-1314AS

CLOSED HEARING

Parties to the Hearing: Parent[s]

Council Rock School District The Chancellor Center
30 North Chancellor Street Newtown, PA 18940

Representative:

Pro se

Erin N. Kernan Esq. 60 East Court Street PO Box 1389 Doylestown, PA 18901

Dates of Hearing: 06/18/2014

Record Closed: 06/18/2014

Date of Decision: 07/18/2014

Hearing Officer: Brian Jason Ford

Introduction

This matter arises under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. This matter concerns the educational rights of Student and the Student’s parent[s], Parents. The Council Rock School District (District) requested this hearing after denying a parental request to fund an independent educational evaluation (IEE) for the Student. As discussed below, IDEA regulations required the District to request this hearing and prove the appropriateness of its own evaluation under these circumstances. See 34 C.F.R. § 300.502(b)(2)(1).

On June 16, 2014, the Student’s Parent[s] called the undersigned Hearing Officer ex parte to announce that the Parent[s] would not participate in these proceedings. H-1. The Parent[s] sent an email the same date, also ex parte, stating their position that a reevaluation report (RR), described below, is inappropriate. H-2. These ex parte communications were disclosed to the District.

On June 18, 2014, this hearing convened without the Parent[s] in attendance.

For reasons discussed below, I find that the District’s own evaluation was appropriate, and that the Parent[s] are not entitled to an IEE at the District’s expense.

Issues

  1. Was the District’s last reevaluation of the Student appropriate?
  2. Is the Student entitled to an IEE at public expense?
O-K-Council-Rock-ODRNo-14916-1314AS

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