JD vs. North Penn School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: John Doe

Date of Birth: Redacted

ODR No. 01842-1011 AS

CLOSED HEARING

Parties to the Hearing: Parent(s)

North Penn School District 401 East Hancock Street Lansdale, PA 19446-3690

Representative: Pro Se

Kyle J. Somers, Esquire
Dischell, Bartle, Yanoff & Dooley 1800 Pennbrook Parkway, Suite 200 Lansdale, PA 19446-0107

Date of Resolution Meeting: January 4, 2011

Dates of Hearing: February 9, 2011; March 21, 2011

Record Closed: April 22, 2011 1

Date of Decision: May 6, 2011

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

INTRODUCTION AND PROCEDURAL HISTORY

Student at all relevant times resided within the North Penn School District (District). (NT 29-16 to 30-5, 31-20 to 25.) The Student is identified with Other Health Impairment and Specific Learning Disability under the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). (NT 31-14 to 16; S-3 p. 13.)1 The District brought this request for due process, seeking an order authorizing it to proceed with a psychiatric examination of the Student as part of an educational reevaluation, due to asserted behaviors and statements that cause concern to its staff. Parent(s) oppose(s) this request, asserting that it is unnecessarily intrusive into the Student’s privacy.

The hearing was conducted and concluded in two sessions and the record closed upon receipt of written summations. I find for the District and order the requested relief.

ISSUES

  1. Is it appropriate under the IDEA that the District seek to evaluate the Student through a psychiatric examination?
  2. Should the hearing officer order that the District is permitted to proceed with a psychiatric examination of the Student without parental consent?
John-Doe-North-Penn-ODRNo-01842-1011-AS

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