This proceeding was an evidentiary hearing that was closed to the public. The hearing was conducted in response to an affidavit of appeal filed on April 8, 1995. Appellees were not in attendance. It was with great reluctance that this hearing was conducted without the presence and participation of the Appellees. Appellants' legal right to resolution in a timely manner as well as the pressing need to resolve the educational classification and placement issues compelled resolution of the dispute without further delay.

Appellants sought to resolve the following issues through this hearing: 1)Whether Ryan was eligible for classification as educationally disabled according to the rules of Special Education and Federal Regulations of the IDEA; and 2)Whether special education services were required in order for Ryan to receive an appropriate education.

Ryan is an eleven year old student, entering the fourth grade. He entered kindergarten as a six-year-old and was retained in first grade, making him one of the oldest students in fourth grade. The first indications of learning problems appeared in kindergarten. Permission was sought to evaluate Ryan to determine eligibility and need for special education. Mrs. Underwood refused to consent to the evaluation and school officials attempted to resolve Ryan's learning problems with other interventions. This pattern continued for the next four years. An evaluation was conducted by a team of professionals from the District and AEA in March 1995. This evaluation yielded information that was consistent with Ryan's classroom performance. His overall reading level was at 1.9 grade level; overall Math was at grade level of 2.7; written language and writing skills were similar to the reading level.

The evidence substantiated the implement of the legal require-ments in the identification of Ryan as a student eligible for and in need of special education. The IEP and placement recommendation developed in March 1995 was approved. The District was to provide special education services to Ryan for up to 150 minutes per day.