RB vs. Chichester School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION

DUE PROCESS HEARING

Name of Child: R.B.

ODR #6099/05-06 LS

Date of Birth: xx/xx/xxxx

Date of Hearing: February 1, 2006

CLOSED HEARING

Parties to the Hearing: Parent

Chichester School District 401 Cherry Tree Road Aston, Pennsylvania 19014

Representative: Pro Se

Sharon Montanye, Esquire Sweet, Stevens, Tucker & Katz PO Box 5069, 331 Butler Avenue New Britain, Pennsylvania 18901

Date Transcript Received: February 6, 2006

Date of Decision: February 14, 2006

Hearing Officer: Linda M. Valentini, Psy.D.

Background

Student is a [late teenaged] 12th grade student in regular education attending high school in the Chichester School District (hereinafter District). Pursuant to disciplinary violations during 11th grade the District sought to evaluate Student to determine whether he is eligible for special education services. Student’s mother (hereinafter Parent) withheld her consent for an evaluation. The District, pursuant to its childfind obligations, requested this hearing to seek a hearing officer’s order to conduct an evaluation of Student without parental consent.

Issue

Should the District be permitted to conduct a multidisciplinary evaluation, including a psychiatric evaluation, of Student over the objection of the Parent?

R-B-Chichester-ODRNo-6099-05-06-LS

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