JC vs. Penn Manor School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

6684/05-06 KE and 6685/05-06 KE

File Numbers

J.C.

Child’s Name

Xx/xx/xx

Date of Birth

July 12, 2006

Date of Hearing

Open

Type of Hearing

For the Student:

Parent(s)

For the Penn Manor School District:

Beth Campagna
Penn Manor School District P.O. Box 1001
Millersville, PA 17551

Stephen Russell, Esq.
Stock & Leader
Susquehanna Commerce Center East 221 W. Philadelphia Street, 6th Floor York, PA 17404

Date of Hearing: July 12, 2006

Date of Receipt of Transcript: July 20, 2006

Date of Decision: August 1, 2006

Hearing Officer: Daniel J. Myers

BACKGROUND

Student (Student) is a [pre-teenaged], 4th grade resident of the Penn Manor School District (School District). Last year, while in 3rd grade, Student was accelerated into a 4th grade math class, where he excelled. The parties anticipate that, for the upcoming school year, Student will accelerate through the 5th grade math curriculum and be ready for the 6th grade math curriculum by November, at the latest. The parties’ dispute is over the proficiency level that Student must demonstrate on a 5th grade math curriculum test before he will be moved into the 6th grade math class. The School District wants Student to demonstrate 80% proficiency on a 5th grade math curriculum assessment before he will be placed into the 6th grade math class. Student’s parents want Student to demonstrate 70% proficiency.

For the reasons described below, I find for the Student, but not quite in the manner requested. I conclude that the School District’s position is based upon speculation and not in response to Student’s individualized needs. I further conclude that both parties have unnecessarily framed the issue around an arbitrary administrative structure involving grade placement. I conclude that, to meet Student’s individualized gifted education needs, his Gifted Individualized Education Program (GIEP) must provide that Student be taught to 80% proficiency in the 5th grade math curriculum while simultaneously attending 6th grade math classes at the beginning of the 2006-2007 school year.

ISSUE

What should be the appropriate proficiency level to be applied in Student’s 5th grade math assessments for purposes of acceleration into the 6th grade math curriculum?

J-C-Penn-Manor-6684-05-06-KE-and-6685-05-06-KE

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