YD vs. Lower Merion School District

Pennsylvania
Special Education Hearing Officer

DECISION
Student’s Name: Y.D.
Date of Birth: [redacted]
ODR Nos. 2568-11-12-AS and 2569-11-12-AS

CLOSED HEARING

Parties to the Hearing: Parents

Lower Merion School District 301 East Montgomery Avenue Ardmore, PA 19003-3338

Representative: Pro Se

Lawrence D. Dodds, Esquire Wisler Pearlstine LLP
Office Court at Walton Point 460 Norristown Road, Suite 110 Blue Bell, PA 19422

Dates of Hearing: January 17, 2012, February 9, 2012

Record Closed: February 13, 2012

Date of Decision: February 29, 2012

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

INTRODUCTION AND PROCEDURAL HISTORY

The student named in the title page of this decision (Student) is an eligible resident of the school district named in the title page of this decision (District), and attended a District high school, during the time relevant to this matter. (NT 13-20.) Student is identified as a child with Specific Learning Disability pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). (NT 15-19.)

In response to Parents’ request for an independent educational evaluation (IEE), the District filed a request for due process, ODR Number 2568-11-12-AS, seeking an order establishing that its re-evaluations dated May 3, 2011 and October 10, 2011, were appropriate. Parents then filed a request for due process, ODR number 2569-11-12-AS, seeking an order for evaluation by a named private provider (Provider), to include administration of an instrument named the Modern Language Aptitude Test (MLAT), review of Student’s educational records, and any appropriate additional evaluation that the Provider normally and customarily would perform for any similarly situated student.

At the request of the parties, I determined to hear and decide both cases together. The hearing was concluded in two sessions, and I admitted various documents into evidence.1 (NT 21.) I conclude that the District’s evaluation was appropriate, and I decline to order the private evaluation sought by Parents.

ISSUES

1. Were the District’s re-evaluations dated May 3, 2011 and October 10, 2011 appropriate under the IDEA?

2. Are the Parents entitled to an IEE at public expense, including administration of the MLAT, review of Student’s educational records, and any appropriate additional evaluation that the independent provider normally and customarily would perform for any similarly situated student?

Y-D-Lower-Merion-ODRNo-2568-11-12-AS-and-2569-11-12-AS

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