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

Appeal Decisions

Search

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 nicole.proesch@iowa.gov.
BOOK: 28 
DECISION: 263 
MONTH-YEAR: August - 2015
IN RE: A Child
APPELLANT: Parents
APPELLEE: Iowa City CSD and Grant Wood AEA
KEYWORDS: Special Education
FULL TEXT: https://educateiowa.gov/documents/special-education/2018/10/book-28-decision-263 
DETAILS: Complainant filed a Due Process Complaint regarding her son on or abut July 7, 2015.  Placement for the 2014-15 school year was as a student with an IEP in the pre-kindergarten program at an elementary school in Iowa City, IA.  The student received extended school year programming.  Complainants disagree with the decision for a special education program for the 2015-16 school year in a kindergarten program. 
  Complainant requests the IEP be amended to provide his program placement in a preschool.  From the beginning Complainants requested another year of preschool placement rather than begin kindergarten in the school year 2015-16.  Without that additional year, due to a late birthday, the student would be one of the youngest in his grade. Complainants feared their student with a number of diagnosed challenges, would not succeed.  Unfortunately, the district and AEA repeatedly applied the word retention rather than referring to a special education program delivered in the preschool setting as a placement.
  Complainant argues that she should be able to challenge the districts promotion from preschool to kindergarten as a placement decision under the IDEA.  Complainant also argues that the school district is treating her son differently from his non-disabled peers in requiring that he attend kindergarten this year.
  Respondents counter that Complainant has the same options as parents of non-disabled children who are not eligible for preschool and do not wish to place their children in kindergarten: she may decide to defer kindergarten placement for an additional year.
  Under Iowa law, a child who has reached the age of six by September 15 of the academic year is required to attend school.  This student will be five years old on August 16, 2015.  Complainant may elect to defer attendance in kindergarten for one year and still be in full compliance with Iowas compulsory attendance law.
OUTCOMES: Pursuant to rule 41.1003(7)(a), Respondents Motion to Dismiss is granted.  The appeal does not relate to an issue that falls under the category of placement, as that term is interpreted under the IDEA.  The complaint is dismissed.