FC vs. Chester Community Charter School

Background

Student is an elementary-school-aged child enrolled in regular education in the Chester Community Charter School (hereinafter School). Because of behaviors Student is exhibiting in the school setting the School has sought permission to evaluate Student in order to assist in developing an appropriate program. As Student’s mother (hereinafter Parent) refused to give her permission for an evaluation to be performed, the School requested this due process hearing.

The Parent did not respond to an email sent by the hearing officer on July 6th inquiring about a possible medical issue that might delay the hearing. The Parent did not respond to an email sent by the hearing officer on July 20th inquiring about the status. On July 20th a courier engaged by the School’s counsel dropped off the exhibit packet needed for the hearing to the Parent’s home, leaving it in the door as instructed by a household member. [NT 15-16; S-23] On the morning of the hearing when the Parent did not appear, the hearing officer contacted the ODR case manager by email and by voicemail to see if the Parent had called to ask for a rescheduling. The case manager informed the hearing officer by email that ODR had received no communication from the Parent. The hearing officer called the telephone number listed for the Parent and left a voicemail informing her that the hearing would proceed. The Parent did not contact the hearing officer that morning and had not appeared by the time the hearing session had ended. As per protocol the hearing was declared “Closed”. As of the writing of this Decision the Parent has not contacted the hearing officer.

Issue

Should the Charter School’s request for an Order to perform a multidisciplinary evaluation of Student over the objections of the Parent be granted?