BM vs. School District Ambridge Area

This is a redacted version of the original decision. Select details have been removed
from the decision to preserve the anonymity of the student. The redactions do not affect
the substance of the document.

Due Process Hearing

BM (#7898/07-08 KE)
Date of Birth: [redacted]
Date of Hearing: September 10, 2007
Open Hearing

Parties to the Hearing

Parent Parents

School District Ambridge Area

Hilary Andrew Kinal, Esq.

Representative Jocelyn Kramer, Esq.

Transcript Received September 15, 2007

Date of Decision September 19, 2007

Hearing Officer David Y. K. Lee



[Student] is a 10-year-old student in the Ambridge Area School District (hereafter District). He is in the fifth grade during the current 2007-2008 school year with a Gifted Individualized Education Program (hereafter GIEP). [Student] has been receiving acceleration by being placed one grade above in Reading. The parents requested a due process hearing opining that [Student’s] GIEP was not properly implemented last year in fourth grade, and that he should skip fifth grade completely and be placed in a sixth grade classroom.


1. Was the GIEP appropriately implemented? (N.T. 5.)
2. Is [Student] entitled to compensatory education? (N.T. 9.)
3. Is it appropriate to advance [Student] one grade level in all areas? (N.T. 6.)
4. Are the parents entitled to reimbursement for the IEE? (N.T. 54.)



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