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