in this case on April 9, upon receipt of the last the written closing argument from the parties. ISSUES The issues to be resolved at this hearing are: 1) Whether the school was correct when it determined the student’s aunt to be as a of the student within the “a person acting parent” meaning of state and federal special education law; 2) Whether state or federal special education law requires the school to obtain the consent of both of the biological parents student’s prior to determining the eligibility or initial placement of the student, under the circumstances presented here2; and. 3) Can the school determine the eligibility or initial placement of the student prior to receiving the results of an independent educational evaluation currently being arranged by the father? student’s FINDINGS OF FACT 1. The student (DOB: xx/xx/xxxx) lives with his paternal aunt in Biddeford, Maine pursuant to an order from a New Hampshire Family Court that gave the aunt joint legal custody, shared with the biological parents, of the student. The student moved to [sic] into the in Biddeford in mid-October, 2005. aunt’s home The aunt performs the full range of responsibilities associated with being the parent of a xx grader, from the time he gets up until he goes to sleep at night. The father has not visited the student since he moved to Maine. The aunt enrolled the student in the xx grade of the Biddeford Elementary School. Shortly thereafter, the aunt consented to the recommendation that the student be tested and school’s When parties agreed to this statement of the issue at the pre-hearing conference held on 2 March 8, the hearing officer was not aware that the father was challenging the student’s right to the student without his consent, as well. Since he advanced school’s “evaluate” that argument in his written closing statement, the hearing officer will include the question of the right to evaluate the student without the consent when school’s father’s deciding this issue.
in this case on April 9, upon receipt of the last the written closing argument from the parties. ISSUES The issues to be resolved at this hearing are: 1) Whether the school was correct when it determined the student’s aunt to be “a person acting as a parent” of the student within the meaning of state and federal special education law; 2) Whether state or federal special education law requires the school to obtain the consent of both of the student’s biological parents prior to determining the eligibility or initial placement of the student, under the circumstances presented here2; and. 3) Can the school determine the eligibility or initial placement of the student prior to receiving the results of an independent educational evaluation currently being arranged by the student’s father? FINDINGS OF FACT 1. The student (DOB: xx/xx/xxxx) lives with his paternal aunt in Biddeford, Maine pursuant to an order from a New Hampshire Family Court that gave the aunt joint legal custody, shared with the biological parents, of the student. The student moved to [sic] into the aunt’s home in Biddeford in mid-October, 2005. The aunt performs the full range of responsibilities associated with being the parent of a xx grader, from the time he gets up until he goes to sleep at night. The father has not visited the student since he moved to Maine. The aunt enrolled the student in the xx grade of the Biddeford Elementary School. Shortly thereafter, the aunt consented to the school’s recommendation that the student be tested and 2 When parties agreed to this statement of the issue at the pre-hearing conference held on March 8, the hearing officer was not aware that the student’s father was challenging the school’s right to “evaluate” the student without his consent, as well. Since he advanced that argument in his written closing statement, the hearing officer will include the question of the school’s right to evaluate the student without the father’s consent when deciding this issue.