Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: R.M.
Date of Birth: [redacted]
Dates of Hearing: July 8, 2008
OPEN HEARING
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
Representative:
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
INTRODUCTION AND PROCEDURAL HISTORY
[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.
ISSUES
- 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?