IN THE PENNSYLVANIA OFFICE FOR DISPUTE RESOLUTION
Final Decision and Order
ODR File No. 02001-1011AS
OPEN HEARING
Child’s Name: R.B.
Date of Birth: [redacted]
Hearing Date: August 15, 2011
Parties to the Hearing
Mastery Charter School, Pickett Campus 5700 Wayne Avenue
Philadelphia, PA 19144
Parent[s]
Representative
Lucas Repka, Esquire
King Spry Herman Freund and Faul, LLC 1 West Broad Street
Suite 700
Bethlehem, PA 18018
Pro se
Record Closed: August 20, 2011
Date of Decision: August 29, 2011
Hearing Officer: Brian Jason Ford
Introduction
The single issue presented in this due process hearing is whether the Mastery Charter School, [Redacted] Campus ([Charter School]) may perform an educational reevaluation of the Student over parental objection.1 More specifically, Charter School wishes to use the consent override procedures set forth in the regulations implementing the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (IDEA). See 34 C.F.R. 300.300(c)(1)(II). The Student has missed a considerable amount of school, and Charter School claims that the reevaluation is necessary to determine the Student’s needs and provide an appropriate program.
R-B-Mastery-Charter-ODRNo-02001-1011AS