On December 18, 1998, the Department of Public Instruction received a request for a due process hearing, under Subchapter V, Chapter 115, Wis. Stats., and the Individuals with Disabilities Education Act (IDEA), from the [Unnamed] School District regarding [Student]. In response to the request, a prehearing conference was conducted by telephone on January 5, 1999. During the prehearing conference a hearing was scheduled for January 15, 1999, in [City], Wisconsin, before Mark J. Kaiser, Administrative Law Judge.

The PARTIES to this proceeding are certified as follows:

The issue for the hearing, as set forth in the Notice of Hearing is whether the school board shall conduct an evaluation of [student] to determine whether he is a child with exceptional educational needs (EEN). At the outset of the hearing [mother] produced a copy of a letter from [student]’s physician indicating that she was planning to refer [student] for various testing, including intelligence testing by a psychologist. [Mother] testified that she did not dispute that [student] could benefit from psychological testing, but rather she would not consent to the [Unnamed] School District conducting the initial tests. After further discussion [mother] agreed to the following stipulation:

1. [Mother] agreed to sign the necessary release forms to allow the psychologists who evaluate [student] to release the evaluation results to the [Unnamed] School District.

2. [Mother] agreed to meet with Jesse Jackson to negotiate modifications to the consent form allowing the [Unnamed] School District to evaluate [student]. After an acceptable consent form is developed, [mother] agreed to sign the form allowing the school district to conduct additional testing of [student], if necessary, to evaluate [student]’s educational needs. [Mother] understands that before any additional testing is performed she will have an opportunity to discuss the proposed testing with [student]’s private physician and/or psychologist.

[Mother] is currently home schooling [student]. She agreed to carryout this agreement in a timely manner so that if it is determined that [student] is a child with EEN, an Individualized Education Program and placement can be developed for him in time for implementation by the commencement of the 1999-2000 school year of the [Unnamed] School District.

Based upon this stipulation, the [Unnamed] School District withdrew its request for a hearing.

Pursuant to the withdrawal of the request for hearing, this matter is hereby dismissed.

Dated at Madison, Wisconsin on January 20, 1999.