Special Education Hearing Officer


Student’s Name: I. D.

Date of Birth: [redacted]

ODR No. 17832-1516KE


Parties to the Hearing: Parent[s]

Downingtown Area School District 540 Trestle Place
Downingtown, PA 19335-2643


Megan D. Halter Esq.
Reger Rizzo & Darnall LLP
790 East Market Street, Suite 330 West Chester, PA 19382

Kathleen Metcalfe, Esq.
Sweet Stevens Katz & Williams LLP 331 Butler Avenue, PO Box 5096 New Britain, PA 18901

Date of Hearing: July 20, 2016

Date of Decision: August 12, 2016

Hearing Officer: Brian Jason Ford, JD, CHO


This due process hearing concerns the gifted education rights of Student, who is both gifted and has disabilities.1 The Student’s parent (Parent) requested this hearing against the District to challenge the appropriateness of the gifted Math program that the District offered for the 2016- 17 school year, which will be the Student’s 5th grade year. The District has proposed an enriched, accelerated math program, featuring online and individual work, that will be delivered in the Student’s elementary school. The Parent rejected that offer, and seeks an accelerated math program delivered in a regular education classroom outside of the Student’s elementary school. For reasons that follow, I find mostly in favor of the Parent.


  1. What gifted Math program must the Student receive during the 2016-17 school year?
  2. Where must that gifted Math program be delivered?

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