Special Education Hearing Officer
Child’s Name: J.F.
Date of Birth: [redacted]
Date of Hearing:
June 24, 2013
ODR Case # 13952-1213KE
Parties to the Hearing: Parent
Penn Hills School District 260 Aster Street Pittsburgh, PA 15235
Representative: Pro Se
Craig Alexander, Esq. Bruce Dice & Associates 787 Pine Valley Drive Pittsburgh, PA 15238
Date Record Closed: June 24, 2013
Date of Decision: July 5, 2013
Hearing Officer: Jake McElligott, Esquire
INTRODUCTION AND PROCEDURAL HISTORY
Student is a [teenaged] student residing in the Penn Hills School District (“District”). The student is identified as a student with a disability, specifically speech and language impairment, under both the federal Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”) and Pennsylvania special education regulations (“Chapter 14”)1. Based on emergent in-school behaviors and declining academic performance, the District seeks to perform a re-evaluation that includes cognitive, achievement, social/emotional, and behavioral, and other, assessments. Parent has not responded to the District’s requests seeking permission to re-evaluate the student. Consequently, the District sought special education due process for authority to proceed with the re- evaluation process.2
For the reasons set forth below, I find in favor of the District.
Is the District authorized to proceed with
a re-evaluation process involving the student?