LS vs. Great Valley School District

Special Education Hearing Officer


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

ODR No. 14583-1314KE


Parties to the Hearing:


Great Valley School District 47 Church Road
Malvern, PA 19355


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


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.


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


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.