HG vs. Upper Dublin School District

Pennsylvania
Special Education Hearing Officer

DECISION

Student’s Name: H.G.

Date of Birth: [redacted]

ODR No. 1453-10-11-JS

CLOSED HEARING

Parties to the Hearing: Parent[s]

Upper Dublin School District 1580 Fort Washington Avenue Maple Glen, PA 19002-3315

Representative:

Judith A. Gran Esq.
Reisman, Carolla, Gran, LLP
19 Chestnut Street
Haddonfield, New Jersey 08033-1810

Claudia L. Huot, Esquire
Wisler Pearlstine, LLP
Office Court at Walton Point 484 Norristown Road, Suite 100 Blue Bell, Pa 19422

Dates of Hearing: March 31, 2011, April 28, 2011, May 23, 2011, June 9, 2011

Record Closed: June 28, 2011

Date of Decision: July 13, 2011

Hearing Officer: William F. Culleton, Jr., Esquire

INTRODUCTION AND PROCEDURAL HISTORY

[Student] (Student) is an eligible resident of the upper Dublin School District (District), and attends a District elementary school. (NT 9-10.) Student is identified with Other Health Impairment and Speech and Language Impairment, pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). Ibid. The District filed this request for due process, seeking an order authorizing it to proceed with a re-evaluation of Student without parental consent. Parent withholds consent for parts of a psychoeducational evaluation, particularly cognitive and achievement testing, as well as assessment of adaptive functioning;

Parent asks me to uphold Parent’s decision to withhold consent.
The hearing was conducted in four evening sessions and the record closed upon receipt of written summations. I conclude that the request to re-evaluate is appropriate and I order the re- evaluation as requested by the District.

ISSUES

  1. Is the District’s request to re-evaluate, including cognitive and achievement testing, as well as an assessment of adaptive functioning1, appropriate in light of the Student’s educational needs and achievement given existing supports and services?
  2. Should the hearing officer order that the District is authorized to re-evaluate the Student as requested in the absence of parental consent?
H-G-Upper-Dublin-ODRNo-1453-10-11-JS

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