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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: 29 
DECISION: 002 
MONTH-YEAR: February - 2019
IN RE: A Child
APPELLANT: Parents
APPELLEE: CSD and AEA
KEYWORDS: FAPE
FULL TEXT: https://educateiowa.gov/documents/special-education/2019/03/book-29-decision-002 
DETAILS: Parents assert that the school district violated the Individuals with Disabilities Education Act (IDEA) by failing to provide student with a free appropriate public education by: 1) failing to effectively manage behaviors including failing to implement proper discipline procedures outlined in the Behavior Intervention Plan; 2) failing to provide consistent, daily academic instruction; and 3) limiting instructional time and positive peer interactions due to excessive time in a seclusion/time out room.
  Parents allege that efforts to work with the district and AEA have proven ineffective in impacting students IEP, behavior plan, and educational progress.  Parents requested the school use physical restraint more frequently and sought home instruction for student because the student does not show aggression at home.
  District denied parents request for home instruction due to the home environment not being the IEP agreed upon least restrictive environment to meet the students needs.  Additionally, the school did not incorporate the parents suggested use of physical restraint any time the student was physically aggressive, as schools must operate within the bounds of Iowa law prohibiting the use of corporal punishment by school employees on students.
  ALJ states the evidence demonstrates that students academic program is appropriately ambitious in light of his circumstances and that he has been offered the opportunity to meet challenging objectives.  The District has continually adjusted the behavioral supports provided to student to meet his needs. 
OUTCOMES: ALJ concludes that the Complainants have not proven the Respondents denied student a free appropriate public education.  Complainants request relief is denied and the due process complete is dismissed.