Special Education Hearing Officer
DECISION Child’s Name: V.D.
Date of Birth: [redacted]
Date of Hearing: April 29, 2011
ODR No. 1665-1011AS
Parties to the Hearing: Parent[s]
Northern Cambria School District 601 Joseph Street
Northern Cambria, PA 15714
Charles Steele, Esquire
428 Forbes Avenue, Suite 900 Pittsburgh, PA 15219
Gary Jubas, Esquire 214 North Center Street Ebensburg, PA 15931
Date Record Closed: May 7, 2011
Date of Decision: May 19, 2011
Hearing Officer: Cathy A. Skidmore, M.Ed., J.D.
INTRODUCTION AND PROCEDURAL HISTORY
Student1 is a middle-school-aged student in the above-named school district (hereafter “District”). Student was first evaluated for special education during the 2010-11 school year and determined to be eligible for special education. The Parent requested an independent educational evaluation (IEE), and the District filed a due process complaint on April 4, 2011 asserting that its evaluation of Student was appropriate and that the Parent was not entitled to an IEE at public expense.
A hearing convened in one session on April 29, 2011, at which both parties presented evidence to support their respective positions. For the following reasons, I find in favor of the Parent and order an IEE at public expense.
1. Whether the District’s January 2011 educational evaluation of Student was appropriate; and,
2. If not, is the Parent entitled to an IEE at public expense?V-D-Northern-Cambria-ODRNo-1665-1011AS