RM vs. Kennett Consolidated School District

Special Education Hearing Officer

Child’s Name: R.M.

Date of Birth: [redacted]

Dates of Hearing: July 8, 2008


ODR#8988/07-08 KE

Parties to the Hearing: Parents

Dr. Constance Ames
Kennett Consolidated School District 300 E. South Street
Kennett Square, PA 19348


Mark W. Voigt, Esq.
Law Office of Mark Voigt
Plymouth Meeting Executive Campus 600 West Germantown Pike, Suite 400 Plymouth Meeting, PA 19462

David F. Conn, Esq.
Sweet, Stevens, Katz & Williams 331 Butler Avenue
P.O. Box 5069
New Britain, PA 18901-5069

Date Record Closed: July 16, 2008

Date of Decision: July 28, 2008

Hearing Officer: Daniel J. Myers


[Student] (Student) 1 is a gifted 6th grade Student who complains that his/her gifted individualized education programs (GIEPs) for the last two years have been inappropriate. Student seeks 1080 hours of compensatory education and assignment to a particular math class. For the reasons described below, I find that Student’s claim is limited to one year, I agree with Student that Student has been denied appropriate gifted programming for the last year, but I order a different remedy than that suggested by Student.


  • Whether the School District has provided Student an appropriate gifted education?
  • Whether Student’s complaint may extend further than one year before the due process hearing request ?
  • Whether Student is entitled to placement in the accelerated math class?

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