RR vs. Northeastern Educational Intermediate Unit

Pennsylvania
Special Education Hearing Officer

DECISION
Eligible Young Child’s Name: R.R.

Date of Birth: [redacted]

ODR No. 01822-1011 JS

CLOSED HEARING

Parties to the Hearing: Parent[s]

Northeastern Educational Intermediate Unit 19
1200 Line Street Archbald, PA 18403-1918

Representative:

Tanya A. Alvarado, Esquire McAndrews Law Offices 30 Cassatt Avenue
Berwyn, PA 19312

Erin D. Gilsbach, Esquire
King, Spry, Herman, Freund & Faul, LLC One West Broad Street Suite 700 Bethlehem, PA 18018

Dates of Hearing: February 11, 2011, March 18, 2011, March 30, 2011, May 9, 2011

Record Closed: May 27, 2011

Date of Decision: June 11, 2011

Hearing Officer: William F. Culleton, Jr., Esquire

INTRODUCTION AND PROCEDURAL HISTORY

Child is an eligible young child of elementary school age; Child at all relevant times resided within the jurisdiction of the Northeastern Educational Intermediate Unit 19 (IU), and was identified as a child with a disability eligible for early intervention services. (NT 13-14; P- 3.) Child presently is identified with Autism and Mental Retardation under the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). Ibid. Parent requested due process to require the IU to pay for an Independent Educational Evaluation (IEE) and for compensatory education due to alleged failure to comply with Child Find obligations, to provide an appropriate evaluation, and provide a free appropriate public education (FAPE). The District asserts that it has evaluated Child appropriately based upon what it knew at the time of enrollment in its Preschool program, and that there is no basis to award an IEE at public expense.

The hearing was conducted in four sessions and the record closed upon receipt of written summations. I conclude that the IU failed to provide an appropriate evaluation and to provide a FAPE. I deny the request for an IEE.

ISSUES1

  1. Did the IU fail to perform its Child Find obligations during the period of time beginning March 30, 2009 to December 18, 2009, by failing to identify the Child as a child with a disability due to diagnoses of Intellectual Disability and Autism, scattered cognitive functioning, sensory integration issues, auditory processing issues, a gap between achievement and cognitive ability or behaviors that impede learning?
  2. Did the IU fail to provide an appropriate educational evaluation during the period of time beginning February 23, 2009 to December 18, 2009 (relevant period), by failing to evaluate appropriately the Child’s suspected disabilities and educational needs due to diagnoses or suspected diagnoses of Intellectual Disability and Autism, scattered cognitive functioning, sensory integration issues, auditory processing issues, a gap between achievement and cognitive ability or behaviors that impede learning?
  3. Did the IU fail to offer an appropriate placement to the Child during the relevant period?
  4. Did the IU fail to offer appropriate educational services during the relevant period with regard to educational needs arising from mental retardation, autism, specific learning disability, other health impairment, serious emotional disturbance, or speech and language disability, including needs for occupational therapy?
  5. Did the IU fail to offer appropriate transitional services during the relevant period for the Child’s transition to school age?
  6. Did the IU fail to offer appropriate extended school year services to Child during the relevant period?
  7. Should the HO order an IEE based on equitable considerations or based on a present need for evaluation that cannot be provided by the Child’s LEA?
  8. Should the HO order the IU to provide compensatory education for all or any part of the relevant period?
R-R-Northeastern-Educational-Intermediate-Unit-ODRNo-01822-1011-JS

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.