VD vs. Northern Cambria School District

Pennsylvania
Special Education Hearing Officer

DECISION Child’s Name: V.D.

Date of Birth: [redacted]
Date of Hearing: April 29, 2011

CLOSED HEARING

ODR No. 1665-1011AS

Parties to the Hearing: Parent[s]

Northern Cambria School District 601 Joseph Street
Northern Cambria, PA 15714

Representative:
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.

ISSUES

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

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