JM vs. Neshannock Township School District

Special Education Hearing Officer


Child’s Name: J.M.

Date of Birth: [redacted]
Date of Hearing: November 9, 2010


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


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.


[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.


1. Whether the District provided an appropriate gifted education to Student; 2. If not, is Student entitled to compensatory education and in what amount.


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