Plaintiffs filed this action pursuant to 20 U.S.C. Matthew's mother, Chris Vance, is an attorney and member of the Georgia Bar Association.

Thus, 'Respondent should have requested a due process hearing or provided the evaluation at public expense.' (Initial Decision, Conclusions of Law ¶ 2.) However, the ALJ did not consider Plaintiffs' request for attorney's fees because she determined that she did not have authority to grant such fees. In the Initial Decision, the judge concluded that the Vances' November 9 letter contained a request for an independent educational evaluation at public expense. The ALJ granted Plaintiffs motion in a decision dated February 28, 2001. Vance a check for the cost of the evaluation, $491, on February 5, 2001, just prior to a hearing before the ALJ on Plaintiffs Motion for Summary Determination. The school system received a copy of the AT evaluation on January 26, 2001, and gave Ms. In the meantime, Matthew's parents obtained an independent AT evaluation at their own expense on December 7, 2000. 10.) A Notice of Hearing was filed by the state administrative law judge ('ALJ') on January 25, 2001. 7.) Finally, the Vances requested a mediation, and ultimately, they sought a due process hearing in January 2001. On November 29, 2000, the Vances again asked for information from the school about where an independent educational evaluation could be obtained. Dillard's evaluation is not obviously defective, the school system will pay for it.' (Banks Aff. 5.) The school system responded on Novemthat 'as long as Ms. 4.) However, the school noted that it would pay for the evaluation as long as it was not performed 'in an obviously inappropriate manner.' ( Id.) The Vances replied by a letter dated November 24, 2000, asking the school system to either provide an independent AT evaluation or request a due process hearing. Dillard's evaluation only after it was performed. ( Id.) On November 17, 2000, the school replied that the Vances could request a due process hearing, and it reiterated that it would consider paying for Ms. 3.) 'Under the circumstances,' the Vances requested an independent AT evaluation at public expense. *1334 ( Id.) Matthew's parents responded by a letter dated November 9, 2000, stating their position that the school must either request a due process hearing or provide an independent evaluation at school expense. 2.) Indeed, the school system emphasized its view that it was not required to pay for an independent evaluation prior to its performance. Dillard's evaluation, but would make that determination after receiving a copy of her bill and evaluation. ) The school system responded with a letter dated November 7, 2000, indicating that it would consider paying for Ms.

Dillard, an occupational therapist 'who specializes in handwriting' and would conduct an evaluation of Matthew's handwriting ability. However, in October 2000, they offered to pay for the AT evaluation if the school system would pay for a less expensive test conducted by a Ms. Matthew's parents were not satisfied with the AT evaluation and requested an independent AT evaluation. In the summer of 2000, Matthew's IEP team recognized the need for an assistive technology ('AT') evaluation, which the school provided in September 2000. He has had an Individualized Education Plan ('IEP') with Defendant De-Kalb County School System pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. is a disabled elementary student who receives special education and related services. Unless otherwise noted, the following facts are undisputed. After reviewing the entire record, the Court enters the following Order. Now before the Court for consideration are Defendants' Motion for Summa Judgment and Plaintiffs' Motion for Summary Judgment. Brooks, Office of William Tinkler, Jr., Decatur, Counsel for Defendants. Stanley Hawkins, Weeks & Candler, Atlanta, Wayne E. and Chris Vance, Plaintiffs,ĭEKALB COUNTY SCHOOL SYSTEM Dekalb County School District and Dekalb County Board of Education Defendants. MATTHEW V., by his Father and Next Friend, CRAIG V.

Matthew banks decatur in