MH vs. Chichester School District

M.H.6092/05-06 AS

Name

Xx/xx/xx

Date of Birth

02/06/06

Date of Hearing

Closed

Type of Hearing

Parties to the Hearing:

Parent(s)

Parents’ Names

Address

Chichester

School District

P.O. Box 2100 Boothwyn, PA 19061 School District Address

School District Superintendent

Sharon Montanye, Esq. Sweet, Stevens, Tucker & Katz 331 Butler Avenue New Britain, PA 18901

School District Counsel & Address

02/09/06
Date Transcript Received

02/21/06

Date of Decision

Anne L. Carroll, Esq.

Hearing Officer Name Signature of Hearing Officer

I. BACKGROUND

Student is a xx year old eligible student currently enrolled in the 10th grade in the Chichester School District [District]. He has been receiving special education services for learning disabilities since enrolling in the District as a fifth grade middle school student.
Student was making appropriate progress until 8th grade, at least, but serious problems developed when he entered high school in the 2003/2004 school year. After a year of many missed school days and disciplinary problems, Student was retained in 9th grade because he failed all but one class.

In June 2004, the school psychologist notified the District’s director of pupil services of the problems Student had exhibited in school and suggested a reevaluation. The School District proposed a complete psycho-educational and psychiatric evaluation, but when Student’s Mother did not consent to the evaluation, the school psychologist was told to monitor his progress until October of the next school year.

In September 2004, the beginning of his second year in 9th grade, Student was injured in a non-school related assault. Due to a continuation of his problems with truancy and issues with headaches and anxiety which his Mother attributed to the assault, the School District proposed a new IEP in November 2004 to provide him with Instruction in the Home, which was approved by Student’s Parents. Student received one to one instruction at home for the remainder of the 2004/2005 school year, passed all of his classes and was promoted to 10th grade for the 2005/2006 school year. In November 2005, at the end of the Instruction in the Home IEP, the School District again sought parental permission for a comprehensive psycho-educational and psychiatric evaluation to determine Student’s current educational needs and develop an appropriate special education program/placement in a less restrictive environment. Although Student’s Mother indicated her willingness to permit the psycho-educational evaluation, she continues to object to the psychiatric portion of the evaluation and, therefore, still refused permission to evaluate. Consequently, the School District requested the instant due process hearing to seek an order for a psycho-educational and psychiatric evaluation.

III. ISSUE

Should the School District be permitted to conduct a comprehensive psycho-educational and psychiatric evaluation of Student?

M-H-Chichester-ODRNo-6092-05-06-AS

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