KP vs. Upper Darby School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: K.P.

Date of Birth: [redacted]

Date of Hearing: November 14, 2012

CLOSED HEARING

ODR Case # 13123-1213KE

Parties to the Hearing: Parent

Upper Darby School District 4611 Bond Avenue
Drexel Hill, PA 19026

Representative: Pro Se

Scott Gottel, Esq. Holsten & Associates One Olive Street Media, PA 19063

Date Record Closed: November 14, 2012

Date of Decision: December 4, 2012

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

[Student] (“student”) is [an elementary school-aged] student residing in the Upper Darby School District (“District”). The District seeks to perform an initial comprehensive evaluation to see if the student should be identified as a student with a disability under both the federal Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”) and Pennsylvania special education regulations (“Chapter 14”)1. Parent has not responded to the District’s requests seeking permission to evaluate the student. Consequently, the District sought special education due process for authority to proceed with the evaluation process.2

For the reasons set forth below, I find in favor of the District.

ISSUE

Is the District authorized to proceed with an evaluation process involving the student?

K-P-Upper-Darby-ODRNo-13123-1213KE

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