Sweet Stevens Secures Win for School District in Gifted Education Challenge
News Release
New Britain, PA – The Donegal School District, represented by Shawn D. Lochinger of Sweet, Stevens, Katz & Williams LLP has prevailed in a gifted eligibility hearing brought by the parents of a fourth-grade student from the district. In the case, the parents challenged the school’s determination that their child did not meet Pennsylvania’s Chapter 16 criteria for gifted education. A Pennsylvania special education hearing officer upheld the district’s assessment, reaffirming that the student does not qualify for a Gifted Individualized Education Plan (GIEP).
The matter began when the student, then in second grade, took the district’s standard gifted screener, the CogAT, but did not score high enough to prompt a full evaluation. At the parents’ request, the student took the CogAT a second time, scoring higher, and the district agreed to conduct a full Gifted Multidisciplinary Evaluation (GMDE). While noting the student’s strong academic performance, the district concluded that the student did not meet multiple criteria needed to qualify for gifted services.
The parents disagreed with that finding and requested a due process hearing. They contended that the district’s evaluation placed too much weight on the student’s Full Scale IQ (FSIQ) score, failed to consider other allowable criteria under Chapter 16, and did not follow district practices related to confidence intervals.
The hearing officer, however, rejected these claims, finding that Donegal School District conducted a comprehensive and legally compliant evaluation. According to the decision, the district:
- Administered appropriate and standardized cognitive and achievement assessments, including the WISC-V, WIAT-4, and CogAT;
- Applied multiple criteria in alignment with state regulations;
- Considered teacher and parent input as well as rating scales; and
- Followed established district procedures applied consistently to all students evaluated for gifted eligibility.
In the December 8, 2025 ruling, the hearing officer concluded that the district’s GMDE was both thorough and procedurally sound and affirmed that the student will continue to receive a suitable conventional education in the district.
“We appreciate the hearing officer’s thoughtful review of the evidence and her confirmation that the district followed all legal requirements,” said Lochinger. “Donegal School District is committed to providing thorough instruction for all students and to ensuring that gifted education eligibility decisions are made fairly, consistently, and in accordance with Chapter 16.”
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.