GM vs. Bermudian Springs 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: G. M.
Date of Birth: [redacted]
Date of Hearing: August 24, 2011

OPEN HEARING
ODR No. 2162 / 11-12 KE

Parties to the Hearing: Parent[s]

Bermudian Springs School District

Representative: Pro Se

Stephen S. Russell, Esq. Susquehanna Commerce Center East Suite 600
221 West Philadelphia Street
York, PA 17404

Date Record Closed: September 9, 2011

Date of Decision: September 23, 2011

Hearing Officer: Shawn D. Lochinger, Esq.

INTRODUCTION AND PROCEDURAL HISTORY

Student is a teen-aged student (“Student”) residing in the Bermudian Springs School District (“District”), who has been identified as gifted under the provisions of 22 Pa. Code §§ 16.1 – 16.65. Parent claims that the District is denying the Student an appropriate gifted education for the 2011/2012 school year in that the District will not waive the Student’s participation in the District’s PLATO program and is also denying the Student the opportunity to take an on-line class at District expense as part of the Student’s GIEP.

ISSUE

Has the District proposed an appropriate gifted education plan to the Student for the 2011/2012 school year despite the fact that the District will not exempt the Student from its PLATO program and will not provide an on-line course for the Student at the District’s expense?

G-M-Bermudian-Springs-ODRNo-2162-11-12-KE

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