Student vs. Abington School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: Student

ODR #00942/09-10 KE

Date of Birth: Xx/xx/xx

Dates of Hearing: April 27, 2010 May 10, 2010

OPEN HEARING

Parties to the Hearing:

Abington School District
970 Highland Avenue Abington, Pennsylvania 19001

Representative:
James R. Clark, Esquire
277 Millwood Road
Lancaster, Pennsylvania 17603

Claudia Huot, Esquire Wisler, Pearlstine, Talone,

Craig, Garrity & Potash
484 Norristown Road Suite 100 Blue Bell, Pennsylvania 19422

Date Record Closed: May 21, 2010

Date of Decision: May 30, 2010

Hearing Officer: Linda M. Valentini, Psy.D., CHO

Background

Student1 is an elementary school aged student residing in the Abington School District [District] who has been identified as exceptional and in need of specially designed instruction as a gifted student pursuant to Chapter 16 of the applicable Pennsylvania regulations, 22 Pa. Code §§ 16.1-16.65. The Parents requested this hearing because they believe that Student should be permitted to take fifth grade math during the fourth grade and because they believe that the Order of a hearing officer in a prior due process matter has not been implemented with regard to the mathematics section of Student’s proffered GIEP.

On May 10, 2010, between the first and second sessions of the hearing, Student took two mathematics placement tests. Although one of Student’s scores was below the cut-off score it was very close [J-1] so the District decided to permit Student to take fifth grade math during fourth grade, thus rendering the first issue moot.

On the second issue, for the reasons elaborated upon below, I find in favor of the District.

Issue

Did the January 2010 GIEP revision appropriately comport with the previous Hearing Officer’s Order in the area of mathematics?

Student-Abington-ODRNo-00942-09-10-KE-

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