LS vs. Great Valley School District

Pennsylvania
Special Education Hearing Officer

FINAL DECISION AND ORDER

Student’s Name: L.S.
Date of Birth: [redacted]

ODR No. 14583-1314KE

CLOSED HEARING

Parties to the Hearing:

Parent[s]

Great Valley School District 47 Church Road
Malvern, PA 19355

Representative:

Pro se

David T. Painter, Esq. 331 E. Butler Avenue New Britain, PA 18901

Dates of Hearing: February 19, 2014

Record Closed: March 7, 2014

Date of Decision: March 17, 2014

Hearing Officer: Brian Jason Ford

Introduction

This matter arises under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. The Great Valley School District (District) believes that the Student may be eligible for special education. The District wants to evaluate the Student to determine the Student’s eligibility for special education and related services. The District argues that such an evaluation is appropriate in light of its Child Find obligations under the IDEA, and necessary to determine what services the Student may require. The Parents have refused to consent to the proposed evaluation.

The District requested this hearing on January 9, 2014, to use the IDEA’s parental consent override provisions, discussed in greater detail below, in an effort to evaluate the Student.

As a procedural point, testimony regarding allegations of the Student’s sexually inappropriate behaviors was presented during the hearing. In their closing brief, the Parents requested a continuance so that the incidents could be fully investigated before this decision and order is issued. That request is denied for two reasons: First, I will not continue this matter after all evidence and testimony has been presented. Second, as explained herein, the incidents do not determine the outcome of this due process hearing, and I will not determine whether these incidents occurred.

Issue

May the District evaluate the Student to determine whether the Student is eligible for special education?

L-S-Great-Valley-ODRNo-14583-1314KE

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