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


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?


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