JN vs. Upper Dauphin Area School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION

DUE PROCESS HEARING

ODR File Number 7131 06-07 KE

Name of Child: J.N.

Date of Birth: xx/xx/xx

Date of Hearing: December 14, 2006 January 5, 2007

CLOSED HEARING

Parties to the Hearing: Mr. and Mrs.

Dan Crum
Special Education Director/School Psychologist
Upper Dauphin Area School District 5668 State Route 209
Lykens, PA 17048-8414

Representative:

Pro Se

Stephen Russell, Esq.
Stock and Leader
Susquehanna Conference Center 221 West Philadelphia Street, 6th York, PA 17404

Date Transcript Received: January 9, 2007

Date Record Closed: January 9, 2007
Date of Decision: January 17, 2007

Hearing Officer: Lynda A. Cook, Ed. D.

BACKGROUND

Student is a xx year-old second grader residing with his parents in the Upper Dauphin Area School District (District). He completed first grade in the South Western School District, following which Parents enrolled him in the Connewago School District for the 2006-2007 school year. Before the 2006-2007 school year began, however, Parents moved into the service area of the Upper Dauphin Area School District and enrolled Student there in August, 2006. Parties disagree over whether or not at the time of enrollment Parents informed the District of the extent of Student’s disabilities. The District did not receive Student’s school records until October 2006. In response to Parents’ refusal to provide consent for an evaluation at enrollment, the District developed a Chapter 15 Service Plan in August 2006 and then filed for due process in November 2006 to determine whether it has the right to conduct an evaluation.

ISSUE

Whether the District has the right to evaluate Student to determine if he is need of special education and related services? ( N.T. 5-6)

J-N-Upper-Dauphin-Area-ODRNo-7131-06-07-KE

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