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Iowa
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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: 27 
DECISION: 989 
MONTH-YEAR: May - 2015
IN RE: O.E. & I.E.
APPELLANT: E.E.
APPELLEE: [] CSD and Heartland AEA
KEYWORDS: IDEA Violations
FULL TEXT: https://www.educateiowa.gov/documents/appeal-decisions/2016/09/book-27-decision-989 
DETAILS: A dispositive order granting the Respondents motion to dismiss was entered on May 29, 2015.

  The Complainant had filed a state complaint with the Iowa Department of Education, which issued a written decision not confirming the complaints.  The Complainant then asked this administrative tribunal to review the Departments decision.
  The Respondents motion to dismiss was granted because the due process complaint filed by Mr. E. falls within paragraphs ''a'' and ''d'' of Rule 281--IAC 41.1003(7), which states that a motion to dismiss ''shall be granted'' upon a determination by the administrative law judge that any of the following circumstances apply:

a.  The appeal relates to an issue that does not reasonably fall under any of the appealable issues of identification, evaluation, placement, or the provision of a free appropriate public education.
       
d.  The relief sought by the appellant is beyond the scope and authority of the administrative law judge to provide.
     
[Emphasis added.]

OUTCOMES: Mr. E. did not raise an issue in his due process complaints related to the identification, evaluation, placement or provision of FAPE to either or both of his children.  The relief he seeks - review of the Departments decision dated April 27, 2015 - was beyond the scope and authority of the IDEA hearing officer.