DS vs. Carbondale Area School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

Shawn D. Lochinger, Esq., PO Box 1146, Harrisburg, Pennsylvania 17108-1146 (Phone) 717-231-6696; (Fax) 717-238-8622; (E-Mail) slochinger@rhoads-sinon.com

DECISION

Child’s Name: D. S.
Date of Birth: [redacted]
Date of Hearing: March 21, 2013

OPEN HEARING
ODR No. 13571 / 12-13 KE

Parties to the Hearing:

Parents

Carbondale Area School District 101 Brookland Street Carbondale, PA 18407-2207

Representative:

Pro Se

Ms. Heather Matejik, Esq.
1301 Masons Mill Business Park 1800 Byberry Road
Huntingdon Valley, PA 19006

Date Record Closed: April 5, 2013

Date of Decision: April 12, 2013

Hearing Officer: Shawn D. Lochinger, Esq.

 

INTRODUCTION AND PROCEDURAL HISTORY

Student resides in the Carbondale Area School District (the “District”), and has been identified as gifted under the provisions of 22 Pa. Code §§ 16.1 – 16.65. Parents claim that the District has denied the Student an appropriate gifted education in that the District offered an inappropriate gifted education plan while the Student was enrolled at the District. The Parents request compensatory education for the maximum length of time possible given the alleged failure of the District to provide an appropriate gifted program.

ISSUES

1) Has the District provided an appropriate gifted education program to the Student from February 12, 2012 through February 11, 2013 (the final day Student attended classes at the District)?

2)If not, is compensatory education proper in these circumstances?

D-S-Carbondale-Area-ODRNo-13571-12-13-KE

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