Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: J.M.
Date of Birth: [redacted]
Date of Hearing: November 9, 2010
OPEN HEARING
ODR No. 01714-1011JS
Parties to the Hearing: Parents
Mrs. Connie Fiorante
Director of Pupil Services Neshannock Township School District 3834 Mitchell Road
New Castle, PA 16105
Representative:
James R. Clark, Esquire 277 Millwood Road Lancaster, PA 17603
Jonathan Solomon, Esquire 421 E. Moody Avenue New Castle, PA 16101
Date Record Closed: November 16, 2010
Date of Decision: November 29, 2010
Hearing Officer: Cathy A. Skidmore, M.Ed., J.D.
INTRODUCTION AND PROCEDURAL HISTORY
[Student] (hereafter Student) is a [pre-teenaged] resident of the Neshannock Township School District (hereafter District) and has been identified as in need of gifted educational programming. Student’s parents filed a due process complaint on October 26, 2010 claiming that the District failed to provide [Student] with an appropriate1gifted education for the one-year time period immediately preceding the filing of the complaint.
The matter proceeded to a due process hearing which was completed in one session. Both parties presented evidence to support their respective positions.2 For the reasons which follow, I find in favor of the parents and Student.
ISSUES
1. Whether the District provided an appropriate gifted education to Student; 2. If not, is Student entitled to compensatory education and in what amount.
J-M-Neshannock-Township-ODRNo-01714-1011JS