YI vs. Upper Darby School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: Y.I.

Date of Birth: [redacted]

ODR No. 17333-15-16-KE

CLOSED HEARING

Parties to the Hearing: Parent[s]

Upper Darby School District 601 North Lansdowne Avenue Drexel Hill, PA 19026

Representative: Pro Se

Scott C. Gottel, Esquire Holsten & Associates One Olive Street, Su. 700 Media, PA 19063

Date of Hearing: March 31, 2016

Record Closed: March 31, 2016

Date of Decision: April 20, 2016

Hearing Officer: William F. Culleton, Esq., CHO

INTRODUCTION AND PROCEDURAL HISTORY

The child named in this matter (Student)1 is a resident of the District named in this matter (District), and is enrolled in the District, but is not yet in first grade. (NT 13-14; S 4.) Student is not identified as a child with a disability under either the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA), or the Rehabilitation Act of 1973, section 504, 29 U.S.C. §794 (section 504). Parents have refused the District’s request for their consent to an initial evaluation for special education. (NT 45-46; S 5, 6, 7.) The District has requested due process, seeking a hearing officer’s authorization to evaluate Student without Parents’ consent.

The hearing was conducted in one session on March 31, 2016, and the record closed on that date. I conclude that the District’s request is reasonable, and I authorize it to proceed with an initial evaluation in the absence of parental consent.2

ISSUES

1. Did the District give adequate written prior notice to Parents of its intention to evaluate the Student, including procedural safeguards?

2. ShouldthehearingofficerorderthattheDistrictisauthorizedtoevaluatetheStudent in accordance with its Prior Written Notice For Initial Evaluation and Request For Consent Form dated December 21, 2015, in the absence of parental consent?

Y-I-Upper-Darby-ODRNo-17333-15-16-KE

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