Skip to Main Content 
Home Arrow Icon Laws & Regulations Arrow Icon Appeal Decisions Arrow Icon Appeal Decisions -- Search & Display

Appeal Decisions


Keyword    Type   
1 Matching Record
If you have questions contact Nicole Proesch, legal counsel for the Department and the State Board,
at 515-281-8661 or
BOOK: 18 
MONTH-YEAR: May - 2000
IN RE: In re Gabriel S.
APPELLANT: Eric & Susan S.
APPELLEE: Mason City CSD & AEA 2
KEYWORDS: Special Education
DETAILS: Gabriel was referred for screening in August 1991 because of concerns regarding behavior.  Screening was completed by AEA 2 on August 23, 1991. Evaluations were completed during September and October 1991. Gabriel began kindergarten in September 1994 and was integrated into regular education for 2 1/2 hours per day.A 504 plan was developed in January 1995 and described 4 area of difficulty: 1) staying on task; 2) following directions; 3) appropriate social skills; and 4) transitioning activities.
  Evidence that the behavior plan was not implemented in a manner consistent with providing positive behavioral intervention was presented.  Anecdotal records did not provide indications that the behavioral intervention plan was implemented in a consistent manner. General disregard of Gabriels needs and behaviorial intervention plan were indicated by testimony from district personnel.
  District personnel apparently made no systematic effort to revise Gabriels behavioral plan even though it was clear changes were warranted.  District personnel also made sustantive violations of the IDEA during their efforts to change Gabriels placement. 
  The appropriateness of and/or need for an independent evaluation for Gabriel was addressed. District records and testimony of district staff document that both district staff and the parents agreed that Gabriel needed an independent evaluation and should be completed at NTAEAs expense.
  The current placement for Gabriel is the regular education program.  Substantive violations (rushing to a very restrictive placement decision without developing appropriate goals and an accompanying behavioral intervention plan, render that IEP inappropriate.
OUTCOMES: An independent evaluation will be conducted at the AEAs expense.The multidisciplinary team shall meet to develop an IEP for the 2000-2001 school year and make appropriate plans for its implementation and careful monitoring.