TC vs. Conrad Weiser School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: TC

Date of Birth: xx/xx/xx

Dates of Hearing: 3/18/08, 4/17/08

CLOSED HEARING

ODR #8450/07-08 AS

Parties to the Hearing:

Conrad Weiser School District 200 Lincoln Road Wernersville, PA 19565

Representative: Pro Se

Jon S. Malsnee, Esquire
Law Offices of J. S. Malsnee, Esq., P.C. 999 Berkshire Boulevard, Suite 299 Wyomissing, PA 19610

Date Record Closed: April 17, 2008

Date of Decision: May 2, 2008

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

INTRODUCTION AND PROCEDURAL HISTORY

Student is a xx year old resident of the Conrad Weiser Area School District (District). (NT 12-13.) The Student is identified with Specific Learning Disability. (NT 13-14.) During the 2004-2005 school year, he was diagnosed with ADHD. (NT 14-15; P-1.) Parents have requested an independent educational evaluation at public expense. They contend that the District’s latest evaluation was inadequate because it did not adequately address a suspected disability of autism. (NT 20-21; S-3.) The District contends that its evaluation was conducted according to the standards of the IDEA, addressed all of the Student’s suspected disabilities, and therefore was appropriate. (NT 19.)

On November 20, 2007, the District issued a reevaluation report for the Student. (NT 19; S-1.) On January 7, 2008, the Parents requested an independent educational evaluation at public expense. (NT 19; S-3.) On January 17, 2008, the District requested a due process hearing as required by the IDEA, 34 C.F.R. §300.502(b)(2). (NT 19.) The hearing was held in two sessions, on March 18, 2008 and April 17, 2008. The record closed on April 17 with receipt of oral summations.

ISSUES

  1. Was the District’s reevaluation of the Student, as reported on November 20, 2007, appropriate?
  2. Should the hearing officer order an independent educational evaluation at public expense?

TC-Conrad-Weiser-ODRNo-8450-07-08-AS

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