Sweet Stevens Prevails for District in Gifted Education Eligibility Case
News Release
New Britain, PA – The Manheim Central School District, represented by attorney Kalani E. Linnell of Sweet, Stevens, Katz & Williams LLP, recently prevailed in a case where parents contested general education placement for their child, a student they believed should have been placed in a gifted program.
The parents, who brought the case pro se on behalf of their child, a rising fourth grader, requested a due process hearing under Chapter 16, which requires that districts in the commonwealth meet the educational needs of gifted students. The student was first evaluated by the district in kindergarten and then again in the third grade and found to not meet gifted criteria in either evaluation.
However, the student did receive accelerated math instruction as a general education student. The parents contended that the district’s gifted evaluation was flawed. They sought placement in an accelerated 6th-7th grade level math class in addition to the gifted identification. They also asked for reimbursement for outside tutoring, which they believed was necessary to supplement the public-school education to meet their child’s accelerated needs.
Both sides presented evidence during the due process hearing. Kalani, on behalf of the district, shared past and current assessment data, parent and teacher input, cognitive and achievement test results, learning strengths, gifted rating scales, educational needs, acquisition and retention skills assessment, classroom data and possible intervening factors.
The hearing officer eventually ruled that the parents failed to introduce persuasive evidence that the district’s evaluation was incomplete or too narrowly focused. “The district’s assessments of the student were administered free from bias, accurately reflected aptitude and achievement levels, [were] professionally validated, and administered by a credentialed school psychologist consistent with sound professional practice and fully compliant with Chapter 16,” noted the final decision and order.
Kalani Linnell is an experienced education law practitioner with a keen understanding of the issues from both a legal and practical standpoint, as her past experience includes working as an investigator and hearing officer for a consulting firm that advised educational institutions in major areas of legal compliance. She is especially dedicated to the issue of Title IX compliance, both its historic regulations and the impending new 2024 directives.
Sweet, Stevens, Katz & Williams, LLP was formed in 1995 by nine experienced education lawyers who created the first private law practice in Pennsylvania dedicated entirely to Education Law. Since then, the firm has grown to 26 attorneys who represent over 290 school and municipal entities as Solicitors or as Special Counsel in more than 50 counties throughout Pennsylvania, and in additional practice areas, such as Construction Law, Tax Assessment Appeals, Audit of Operations and Practices, Real Estate Law and Oil, Gas and Mineral Law.