EM vs. Lower Moreland Township School District

Pennsylvania
Special Education Hearing Officer

DECISION

Student’s Name: E.M.

Date of Birth: [redacted]

ODR No. 13245-1213AS

CLOSED HEARING

Parties to the Hearing:

Lower Moreland Township School District
2551 Murray Avenue
Huntingdon Valley, PA 19006

Parents

Representative:

David T. Painter, Esquire
Sweet, Stevens, Katz and Williams, LLP 331 E. Butler Avenue
New Britain, PA 18901

Pro se

DatesofHearing: December5,2012

Record Closed: December 19, 2012

Date of Decision: December 20, 2012

Hearing Officer: Brian Jason Ford

Introduction

The Lower Moreland Township School District (District) believes that [Student] (the Student) may be eligible for special education. The District wants to evaluate the Student to determine the Student’s eligibility for special education and related services. The District argues that such an evaluation is appropriate in light of its Child Find obligations under both the IDEA and Section 5041, and necessary to determine what services the Student may require. The Parents have refused to consent to the proposed evaluation. The Parents argue that the evaluation is not necessary, would violate the family’s privacy, and would be traumatic for the Student.

Conclusion

In conclusion, I find that the District has met its burden and may proceed with an initial educational evaluation of the Student to determine eligibility under both the IDEA and Section 504. If eligible under either statute, the evaluation must also yield information that the District and Parents can use to develop appropriate programming and accommodations.

An order consistent with the forgoing follows.

E-M-Lower-Moreland-Township-ODRNo-13245-1213AS

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