KS vs. Solanco School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

Shawn D. Lochinger, Esq., 910 Harnish St., Palmyra, Pennsylvania 17078 (Phone) 717-926-5069 (E-Mail) sdlochinger@gmail.com


DECISION

Child’s Name: K.S.
Date of Birth: [redacted]
Date of Hearing: February 4, 2015 OPEN HEARING
ODR No. 15770 / 14-15 KE

Parties to the Hearing: Parent[s]

Solanco School District
121 South Hess Street Quarryville, PA 17566-1225

Representative:

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

Mark W. Cheramie Walz, Esq. Sweet, Stevens, Katz, & Williams 331 East Butler Avenue
New Britain, PA 18901

Date Record Closed: February 13, 2015

Date of Decision: February 20, 2015

Hearing Officer: Shawn D. Lochinger, Esq.

INTRODUCTION AND PROCEDURAL HISTORY

Student currently resides in the Solanco School District (the “District”). The Student was originally deemed a gifted student by [another] School District in 2011 due, in large part, to the Student achieving an IQ score of 132. The Student then moved to [another state] and was educated there as a gifted student during the 2012/2013 school year. The Student was educated in a specialized Creative Learning School (also in [the other state]) during the 2013/2014 school year. The Student returned to Pennsylvania and enrolled in the School District for the 2014/2015 school year. Because the Student had previously been recognized as gifted, the District agreed to place the Student in the gifted program at [the District] while evaluating the Student to determine the Student’s then current status and needs. The evaluation, however, revealed an IQ of 104. Because of the precipitous drop in scores, the District performed a second IQ evaluation on the Student using a different test. In the second assessment, the Student’s IQ was found to be 108. Based upon this testing, as well as achievement testing, teacher input, and classroom observation, the District recommended that the Student be removed from the gifted program. The Student’s Parent disagreed and asked for a Due Process hearing in order to keep the Student in the District’s gifted program. The issue thus before the Hearing Officer in this case is whether the Student remains eligible for the District’s gifted program. Based upon the facts, evidence, and law presented below, I will find that the Student is eligible to continue in the District’s gifted program.

ISSUE

Is the Student eligible for the District’s gifted program?

K-S-Solanco-ODRNo-15770-14-15-KE

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