MK vs. Pittsburgh School District Indiana School District

MK

DATE OF BIRTH: xx/xx/xx
DATE OF HEARING: MARCH 26, 2008

CLOSED HEARING

Parties to Hearing: Parents:

District:
Pittsburgh School District Indiana School District

Date Transcript Received: April 1, 2008

Date of Decision: April 8, 2008

Gerald Dambach, Ed.D Hearing Officer

BACKGROUND:

Student is a xx year old male who resides at [Residential Facility] within the Pittsburgh School District. Residential Facility is a residential facility and an Approved Private School (APS). He attends school at [redacted] Center operated by the Pittsburgh School District. Student’s parents reside in the Indiana School District where the hearing was held. Student has an educational diagnosis of Autism and is placed in a Full Time Multi-Disability Support Program (MDS).

This hearing was originally scheduled for March 20, 2008 but the Pittsburgh School District requested a continuance because of unavailability of witnesses. The continuance was granted and scheduled for March 26, 2008. On February 6, 2008 this Hearing Officer talked with Mr. who indicated that he did not request this hearing. The ODR Due Process Complaint Notice indicates that the LEA had requested this hearing, although the content of the notice indicated parental issues. On February 6, 2008 this Hearing Officer also talked with Attorney Kramer. She sent a letter to this Hearing Officer indicating that the district hereby amended the complaint. The district is requesting permission to conduct a comprehensive reevaluation.

The district (Pittsburgh) is requesting this hearing to obtain permission to conduct a comprehensive evaluation of Student and to obtain necessary and relevant data from Student’s residential placement, and that a representative from Residential Facility be a required participant on the multidisciplinary evaluation team.

ISSUES:

  1. Does the Pittsburgh School District have permission to conduct a comprehensive multidisciplinary evaluation of Student ?
  2. Does the Pittsburgh School District have the legal right to request educationally relevant information concerning Student from Residential Facility?
  3. Does the Pittsburgh School District have the authority to require Residential Facility to be a participant on the multidisciplinary evaluation team?
MK-Pittsburgh-ODRNo-8465-07-08-AS

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