NM vs. Cumberland Valley School District

Pennsylvania
Special Education Hearing Officer

DECISION

Student’s Name: N.M.

Date of Birth: [redacted]

ODR No. 13612-1213KE

CLOSED HEARING

Parties to the Hearing:

Cumberland Valley School District 6746 Carlisle Pike Mechanicsburg, PA 17050

Parents

Representative:

Mark W. Cheramine Walz, Esq. Sweet Stevens Katz & Williams, LLP 331 Butler Avenue, P.O. Box 5069 New Britain, PA 18901

Pro se

Date of Hearing: April 15, 2013

Record Closed: April 26, 2013

Date of Decision: May 3, 2013

Hearing Officer: Brian Jason Ford

INTRODUCTION

This matter arises under the Individuals with Disabilities Act (IDEA), 20 U.S.C. § 1400 et seq. The District has proposed to reevaluate the Student to determine the Student’s educational needs.1 The Parents have refused to consent to the evaluation. The District requested this due process hearing, seeking an order that it may evaluate the Student without the Parents’ consent.

ISSUE

May the District evaluate the Student?

N-M-Cumberland-Valley-ODRNo-13612-1213KE

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