PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
DECISION
DUE PROCESS HEARING
Name of Child: SO
ODR #7703/06-07 LS
Date of Birth: Xx/xx/xx
Date of Hearing: July 16, 2007
CLOSED HEARING
Parties to the Hearing: Mr. and Mrs.
Reading School District
800 Washington Street Reading, Pennsylvania 19601
Representative: Pro Se
Richard Guida, Esquire
1100 Berkshire Boulevard Suite 201
Reading, Pennsylvania 19610
Date Transcript Received: July 24, 2007
Date of Decision: July 27, 2007
Hearing Officer: Linda M. Valentini, Psy.D.
Background
Student is a xx-year-old student who resides in the Reading School District (hereinafter District). Pursuant to a parentally-requested evaluation the District found Student ineligible for special education services. Mr. and Mrs. (hereinafter Parents), assert that the District’s determination was incorrect and that Student is a child who is eligible for special education. As the Parents had asked for an independent educational evaluation (IEE) at public expense, the District filed for a due process hearing to defend its position. In on and off the record discussions it was clarified by all participants that the core issue was eligibility, and that if the hearing officer found that an IEE was needed to assist in this determination one would be ordered.
It should be noted that the Parents1 were pro se in this matter. Although they had an advocate, and she was expected to be at the hearing, she did not appear. The District established on the record that the advocate was informed directly of the date, time and place of the hearing during the week prior to the hearing session. (NT 75-76)
Issues
Was the Reading School District correct in determining that Student is not eligible for special education?
SO-Reading-ODRNo-7703-06-07-LS