TO vs. Pocono Mountain School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: T. O.

ODR #19236-1617 AS

Date of Birth: [redacted]

Date of Hearing: August 3, 2017

CLOSED HEARING

Parties to the Hearing: Parent(s)

Pocono Mountain School District 135 Pocono Mountain School Road Swiftwater, PA 18370

Representative: Pro se

Glenna Hazeltine Esq. One West Broad Street Suite 700
Bethlehem, PA 18018

Date of Decision: August 25, 2017

Hearing Officer: Charles W. Jelley, Esq.

Background

The Student1 attends a regular education class in the Pocono Mountain School District. Because of academic difficulties the Student is exhibiting in the school setting the District sought the Parents’ permission to evaluate Student. The Student’s Parents withheld consent for an initial evaluation to be performed, believing that Student does not need to be evaluated and possibly to receive a special education classification. The District requested this due process hearing to obtain an Order to evaluate the Student.2 After reviewing all of the evidence, I am granting the District’s request and ordering a comprehensive evaluation in all areas of unique need.

Issue

Should the School District’s request for an Order to perform a multidisciplinary evaluation of Student over the objections of the Parent be granted?

T-O-Pocono-Mountain-ODRNo-19236-1617-AS

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