Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: SR
Date of Birth: XX-XX-XXXX
Date of Hearing: September 2, 2009
OPEN HEARING
ODR Case 00136-09-10-AS
Parties to the Hearing:
Mark W. Voigt, Esq.
600 W. Germantown Pike Suite 400
Plymouth Meeting, PA 19462
Representative:
Sharon Bennett
Director of Special Education Kennett Consolidate SD
300 E. South Street
Kennett Square, PA 19348
Andrew Faust, Esq. 331 E. Butler Avenue P.O. Box 5069
New Britain, PA 18901
Date Record Closed: September 2, 2009
Date of Decision: September 15, 2009
Hearing Officer: Jake McElligott, Esquire
INTRODUCTION AND PROCEDURAL HISTORY
“Student” is a 12-year old student residing in the Kennett Consolidated School District (“District”) who has been identified as gifted under the provisions of 22 PA CODE §§16.1-65 (“Chapter 16”). Parent claims that the District has denied the student an appropriate gifted education due to alleged procedural and substantive failures in the student’s gifted education plan.
For the reasons set forth below, I find in favor of the parent.
ISSUE
Has the District provided an appropriate gifted education plan to “student”?
If not, what remedy/remedies are owed to the student?