RC vs. State College Area School District

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)?

R-C-State-College-Area-ODRNo-2916-1112KE

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