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