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: 457 
MONTH-YEAR: December - 2012
IN RE: K.S.
APPELLANT: R.S.
APPELLEE: CSD and AEA
KEYWORDS: FAPE
FULL TEXT: https://educateiowa.gov/documents/special-education/2018/12/book-28-decision-457 
DETAILS: Parent argues that the District and Area Education Agency are unwilling or unable to offer her daughter an education appropriate to her current needs.  Due to traumatic events which occurred in the students life, as well as perceived repeated bullying and harassment at school, parent does not believe school officials are acting in the best interest of her daughter.
  In Mothers view, student is extremely fragile and is convinced that daughter is not safe at school.  Mother feels the District is totally disregarding prior acts of violence against her daughter as well as daughters well-being.  Mother is concerned that daughter will spiral into suicidal risk and self-mutilation.  She concluded that removal of her daughter from school was necessary to protect her daughters life. 
  Mother seeks reimbursement for the costs of placing student in a private, therapeutic out-of-state boarding school. 
  District offers evidence that school officials responded promptly and reasonably to allegations of bullying and harassment.  District believes school officials acted in good faith to deal effectively with the challenges of providing appropriate social, emotional, and behavioral support for K.S.
OUTCOMES: ALJ finds the Complainant failed to meet the burden of proof that the District and AEA failed to offer a free appropriate public education to K.S. in a timely manner.  Therefore, parent is not entitled to receive reimbursement of the cost of the private placement.