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