CD vs. Conrad Weiser School District

This is a redacted version of the original hearing officer decision. Select details
have been removed from the decision to preserve anonymity of the student as
required by IDEA 2004. Those portions of the decision which pertain to the
student’s gifted education have been removed in accordance with 22 Pa. Code §
16.63 regarding closed hearings.


Special Education Hearing Officer


Child’s Name: CD
Date of Birth: April 29, 1997

Dates of Hearing: October 7, October 13, 2008


Parties to the Hearing:

Parent: Ms. D

School District:
Robert Reese, Dir. Special Education Conrad Weiser School District
200 Lincoln Road
Wernersville, PA 19565


Parent Attorney:
Mark W. Voigt, Esq.
Law Office of Mark Voigt
Plymouth Meeting Executive Campus 600 West Germantown Pike, Suite 400 Plymouth Meeting, PA 19462

School District Attorney:
Jon S. Malsnee, Esq.
999 Berkshire Boulevard, Suite 299

Date Record Closed: October 18, 2008

Date of Decision: October 30, 2008

Hearing Officer: Daniel J. Myers

Wyomissing, PA 19610



CD (hereinafter “Student”) 1 is a middle school regular education student seeking gifted education services. The parties disagree over Student’s qualification as a gifted student. For the reasons described below, I find that Student does qualify for gifted education and that he is entitled to compensatory education services.



  • Does Student qualify for gifted education?
  • Has the School District denied Student an appropriate gifted education for the 2007-2008 and 2008-2009 school years?

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