Notes of Decisions
Reimbursement
School district was required to reimburse an exceptional student’s parents for one-fourth the cost of an evaluation of the student performed by a doctor, where the district failed to include a certified school psychologist as required and because the district used the report when it prepared the individualized education program for the student. Cumberland Valley School District v. Lynn T., 725 A.2d 215 (Pa. Cmwlth. 1999); aff’d sub. nom. In re Residence Hearing, 744 A.2d 1272 (Pa. 2000).
According to the plain language of this section, parents are entitled to reimbursement for a private evaluation only if the private evaluation was sought as the result of a disagreement with an MDE and if the private evaluation shows the school district’s MDE to be inappropriate. Because the parent had the child evaluated on their own initiative and not as the result of any disagreement and since the MDE was found to be appropriate, the parent was not entitled to reimbursement under this section. Kozak v. Hampton Township Sch. Dist., 655 A.2d 641 (Pa. Cmwlth. 1995), appeal denied, 666 A.2d 1060 (Pa. 1995).
