YW vs. Havertown Township School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

ODR File No.: 7662/06-07 AS

Student: YW

School District: Haverford Township

Type of Hearing: Closed

For the Student: Parents

For the School District:

Natalie M. Habert, Esq. BeattyLincke
2 West Market Street 6th Floor

West Chester, PA 19383

Director of Special Programs Havertown Township School District 1801 Darby Road

Due Process Hearing Request Date: May 10, 2007

Hearing Date: Not Conducted

Date record was closed: September 6, 2007

Decision Date: September 10, 2007

Hearing Officer: Daniel J. Myers

BACKGROUND

Student is an xx year old former School District elementary school student who is currently living and attending school in [country redacted] while his parents reside full time within the School District’s boundaries. Last school year, the Student attended the School District’s elementary school, during which time the School District requested parental permission to conduct a psychiatric evaluation of Student. The School District requested this due process hearing when Student’s parents refused to grant the requested permission.

Since the due process hearing was requested, Student’s parents have adamantly objected to being required to appear for hearing. In fact, they have even sent Student to live in [country redacted] with relatives, and Student now attends school in [country redacted]. The School District, however, refuses to withdraw its request for due process hearing. The School District argues first that, because Student’s parents continue to reside within the School District’s boundaries, Student is, by law, a School District resident for whom the School District remains educationally responsible. The School District further contends that this matter is not moot because Student may someday return to the School District, at which time the School District needs a Hearing Officer’s order overriding parental refusal to permit a psychiatric evaluation.

For the reasons described below, I dismiss this case without conducting a due process hearing.

ISSUE

If a school age child lives and attends school in [country redacted], but his parents reside within the School District’s geographical boundaries, is the School District entitled to a due process hearing for the purpose of obtaining a hearing officer’s order to override parental refusal to permit psychiatric evaluation of the Student?

YM-Havertown-Township-ODRNo-7662-06-07-AS

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