SM vs. Wissahickon School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: S.M.

Date of Birth: [redacted]

Date of Hearing: April 30, 2014

CLOSED HEARING

ODR Case # 14661-1314AS

Parties to the Hearing: Parent[s]

Wissahickon School District 601 Knight Road
Ambler, PA 19002

Representative: Pro Se

Scott Wolpert, Esq. Timoney Knox
400 Maryland Drive P.O. Box 7544

Fort Washington, PA 19034

Date Record Closed: April 30, 2014

Date of Decision: May 14, 2014

Hearing Officer: Jake McElligott, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

Student is an early teen-aged student residing in the Wissahickon School District (“District”). The District seeks to perform an initial comprehensive evaluation to see if the student should be identified as a student with a disability under both the federal Individuals with Disabilities in Education Improvement Act of 2004 (“IDEA”) and Pennsylvania special education regulations (“Chapter 14”)1. Parents are resistant to the District’s requests seeking permission to evaluate the student. Consequently, the District sought special education due process for authority to proceed with the evaluation process.

For the reasons set forth below, I find in favor of the District.

ISSUE

Should the District be authorized to proceed with an evaluation process involving the student?

S-M-Wissahickon-ODRNo-14661-1314AS

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.