JF vs. Penn Hills School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: J.F.

Date of Birth: [redacted]

Date of Hearing:
June 24, 2013

CLOSED HEARING

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.

ISSUE

Is the District authorized to proceed with
a re-evaluation process involving the student?

J-F-Penn-Hills-ODRNo-13952-1213KE

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.