Student vs. Council Rock School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: Student

Date of Birth: [redacted]

ODR No. 01867-10-11-KE

OPEN HEARING

Parties to the Hearing:

Council Rock School District 30 North Chancellor Street Newtown, PA 18940

Representative: Pro Se

Catherine Nguyen, Esquire Joanne D. Sommer, Esquire Eastburn & Gray, P.C.
60 East Court Street

P.O. Box 1389
Doylestown, Pa 18901-0137

Date of Hearing: January 7, 2011, February 15, 2011, February 25, 2011

Record Closed: March 18, 2011

Date of Decision: April 2, 2011

Hearing Officer: William F. Culleton, Jr., Esquire

INTRODUCTION AND PROCEDURAL HISTORY

The captioned Student is an eligible resident of the captioned District, (NT 12-19 to 25), and is in elementary school, (NT 11-23 to 12-15). The Student is identified as a gifted child, within the meaning of 22 Pa. Code Chapter 16 (Special Education for Gifted Students). (NT 12-17 to 25.) The captioned Parents request due process, asserting that the Student’s Gifted Individualized Education Plans (GIEPs) and the gifted educational programs delivered to the Student for the 2009 – 2010 and 2010-2011 school years were inappropriate. (NT 32-17 to 33-12.) The District asserts that it provided an appropriate GIEP.

This matter was heard in three sessions and the record closed upon receipt of written summations.

ISSUES

1. Did the District fail to provide an appropriate gifted education program to the Student during the relevant period from December 7, 2009 to January 7, 2011?

2. Should the hearing officer order the District to provide compensatory education for any such failure during all or any part of the relevant period?

3. Should the hearing officer order any other equitable relief with regard to the Student’s gifted education program?

Student-Council-Rock-ODRNo-01867-10-11-KE

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