IN THE PENNSYLVANIA OFFICE FOR DISPUTE RESOLUTION
Final Decision and Order
ODR File No. 2916-1112KE
OPEN HEARING
Child’s Name: R.C.1
Date of Birth: [redacted]
Hearing Dates: April 19, 2012 April 24, 2012
Parties to the Hearing Parents
State College Area School District 154 West Nittany Avenue
State College, PA 16801
Representative
Pro se
Brian K. Marshall, Esquire
Campbell, Miller, Williams, Benson, Etter & Consiglio, Inc.
720 South Atherton Street
State College, PA 16801
Record Closed: April 24, 2012
Date of Decision: May 21, 2012
Hearing Officer: Brian Jason Ford
INTRODUCTION AND PROCEDURAL HISTORY
The Parents bring this case against the District, alleging various violations of Pennsylvania’s gifted education law, 22 Pa. Code § 16 et seq. (Chapter 16). In their initial Compliant, the only relief that the Parents demanded was the Student’s placement in their preferred Math class. The District unconditionally agreed to place the Student into the demanded class, rendering the original complaint moot. A number of pre- hearing motions followed, resulting in the Parents’ submission of an Amended Complaint. The District then moved to dismiss a portion of the Amended Complaint and, to the extent that the Parents demanded relief beyond my authority to provide, that motion was granted. The remaining issues were specified in pre-hearing orders, stated clearly during the opening of this hearing, and are described immediately below.
ISSUES
1.Did the District violate the Student’s rights under Chapter 16?
2.If the District violated the Student’s rights under Chapter 16, is the Student entitled to compensatory education as a remedy?
3.Is the Student entitled to a gifted individualized education plan (GIEP)?