CR vs. Norristown Area School District

This is a redacted version of the original decision. Select details have been removed from the
decision to preserve anonymity of the student. The redactions do not affect the substance of
the document.

Pennsylvania
Special Education Hearing Officer

DECISION

ODR No. 15800-1415KE

Child’s Name: C.R.

Date of Birth: [redacted]

Dates of Hearing: 2/12/

CLOSED HEARING

Parties to the Hearing:

Parent Parent[s]

School District Norristown Area
401 N. Whitehall Road Norristown, PA 19403

Representative:

Parent Attorney None

School District Attorney Christine O’Brien, Esquire Scott Wolpert, Esquire Timoney Knox

P.O. Box 7544
400 Maryland Drive
Fort Washington, PA 19034

Date Record Closed: February 12, 2015
Date of Decision: March 2, 2015
Hearing Officer: Anne L. Carroll, Esq.

INTRODUCTION AND PROCEDURAL HISTORY

Student is enrolled in a District elementary school, where the staff has expressed significant concerns about Student’s classroom conduct. Student’s Father (Parent) has consistently refused consent for a psycho-educational evaluation to determine whether Student’s difficult behaviors arise from or are related to a disability for which Student may be eligible for special education services. The District, therefore, initiated a due process complaint to override Parent’s refusal to permit the evaluation.

The hearing was held in one brief session on February 12, 2015 at which the District presented testimony and documents to support its request to conduct the evaluation. Parent presented no evidence other than his own testimony to explain the reasons that he does not believe an evaluation is warranted. After consideration of the entire record, the District will be permitted to proceed with the evaluation described in its most recent Permission to Evaluate (PTE), and will also be permitted to include additional evaluation components if the initial results suggest a need for more assessments.

 

ISSUE

Should the School District be permitted to conduct a psycho-educational evaluation of Student, as it requests, in order to determine whether Student is eligible for special education services, and if Student is determined to be eligible, to identify Student’s special education needs and recommend a special education placement and services?

 

C-R-Norristown-Area-ODRNo-15770-14-15-KE

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