MZ vs. Bethlehem Area School District

Special Education Hearing Officer


Child’s Name: MZ

Date of Birth: xx/xx/xxxx

Dates of Hearing:
February 24, 2009, March 5, 2009, April 1, 2009 & April 2, 2009


ODR Case # 9532-08-09-AS

Parties to the Hearing:

Mr. Richard Agretto
Bethlehem Area School District 1815 Main Street
Bethlehem, PA 18017

Representative: Pro Se

Ms. Glenna Hazeltine King, Spry, et. al.
One West Broad Street Suite 700

Bethlehem, PA 18018

Date Record Closed: May 12, 2009

Date of Decision: May 14, 2009

Hearing Officer: Jake McElligott, Esquire


Student is a 13-year old student in 7th grade residing in the Bethlehem Area School District (“District”) who has been identified as a child with a disability under the federal1 and Pennsylvania2 special education laws. He is diagnosed with pervasive developmental delay-not otherwise specified and central auditory processing disorder (“CAPD”). Student also qualifies as [Redacted].

The District perceives the need to comprehensively re-evaluate Student . Parent has been unwilling to provide permission for such a re- evaluation. The District has filed for this due process hearing to seek permission to re-evaluate the student in terms of both special education and [Redacted] education.

For the reasons set forth below, I find in favor of the District.


Should the student be re-evaluated in terms of special education and [Redacted] programs?


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