PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
DECISION
DUE PROCESS HEARING
Name of Child: J.T.
ODR #13422/12-13-KE
Date of Birth: [redacted]
Date of Hearing: February 1, 2013
CLOSED HEARING
Parties to the Hearing: Parent
Upper Darby School District 4611 Bond Avenue
Drexel Hill, PA 19026
Representative: Pro Se
Scott Gottel, Esquire Holsten and Associates One Olive Street Media, PA 19063
Date Transcript Received: February 5, 2013
Date of Decision: February 8, 2013
Hearing Officer: Linda M. Valentini, Psy.D., CHO
Background
Student1 attends a regular education kindergarten class in the Upper Darby School District (herein referenced as District). Because of academic difficulties and concerning behaviors Student is exhibiting in the school setting the District sought the Parent’s permission to evaluate Student in order to assist in developing an appropriate program. Student’s mother (hereinafter Parent) withheld consent for an evaluation to be performed, believing that Student is too young to be evaluated and possibly to receive a special education classification. The District therefore requested this due process hearing to obtain an Order that Student be evaluated.
Issue
Should the District’s request for an Order to perform a multidisciplinary evaluation of Student over the objections of the Parent be granted?