KP vs. Upper Darby School District

Special Education Hearing Officer


Child’s Name: K.P.

Date of Birth: [redacted]

Date of Hearing: November 14, 2012


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


[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.


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


Leave a Reply


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

Rate By
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.