NM vs. Upper Dublin School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
Child’s Name: N. M.

Date of Birth: [redacted]

CLOSED HEARING

ODR File No. 17747-15-16 AS

Parties to the Hearing:

Parents Parent[s]

Local Education Agency Upper Dublin School District 1580 Fort Washington Avenue Maple Glen, PA 19002

Representative:

Parent Attorney None

LEA Attorney
Claudia L. Huot, Esquire Wisler, Pearlstine LLP
Blue Bell Executive Campus 460 Norristown Road, Suite 110 Blue Bell, PA 19422

Date of Hearing: June 8, 2016

Date Record Closed: June 10, 2016

Date of Decision: June 25, 2016

Hearing Officer: Cathy A. Skidmore, M.Ed., J.D. NAHO Certified Hearing Official

INTRODUCTION AND PROCEDURAL HISTORY

The student (hereafter Student)1 is a late elementary school-aged, regular education student in the Upper Dublin School District (District). The District filed a Due Process Complaint pursuant to the Individuals with Disabilities Education Act (IDEA)2 after it sought unsuccessfully to obtain parental consent to conduct an initial evaluation of whether Student may be eligible for special education. The case proceeded to a very efficient single-session due process hearing, at which the parties presented evidence in support of and against the requested relief. For the reasons set forth below, the District will be permitted to conduct the requested evaluation.

ISSUE

Whether the District should be granted permission to conduct a special education evaluation of Student in the absence of consent by the Parents?

N-M-Upper-Dublin-ODRNo-17747-15-16-AS

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