KB vs. Council Rock School District





Name of Child:

ODR #18562/16-17 KE

Date of Birth: [redacted]

Date of Due Process Hearing: January 11, 2017

Parties to the Hearing:

Council Rock School District

Representative: Pro Se Parent[s]

Mark Walz, Esquire
Sweet, Stevens, Katz and Williams 331 East Butler Avenue
New Britain, PA. 18901

Date Record Closed: January 11, 2017

Date of Decision: January 26, 2017

Hearing Officer: Vicki A. McGinley, Ph.D.


Student is an elementary school aged child residing in the Council Rock School District (hereinafter District) who is identified as gifted. The Parents (hereinafter Parents) requested the hearing because they do not agree with the proposed annual GIEP dated December 15, 2016, which would extend through the remainder of this school year, and into the first half of the 2017/2018 school year when Student will transfer to the middle school. Specifically, they contend the proposed GIEP is inappropriate in the area of mathematics, as they believe Student should be accelerated so as to be enrolled in 8th grade math upon entering middle school for seventh grade. The District counters that it has provided and offered an appropriate GIEP, and if it honored Parent’s request, additional testing to assess student’s 6th grade math skills would be needed. Thus, it is the District’s contention that the present program is appropriate, that it has proposed an appropriate GIEP to meet Student’s needs, and that since Parents have refused additional testing this hearing may have been requested prematurely.

For the reasons set forth below, I find in favor of the District.


1. Did the District offer an appropriate GIEP in the area of Mathematics?


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