education pictures
Decision Number
55
Book
29
Month
May
Year
2019
In RE
W.W.
Appellant
E.W. and K.W.
Appellee
Urbandlae CSD and Heartland AEA
Summary

On or about July 5, 2018, complainants filed a due process complaint against the Urbandale CSD and heartland AEA. The parties agreed to submit the case on a stipulated record without hearing.

The issues are whether respondents violated the IDEA by illegally restricting the scope of federal entitlement under the IDEA by limiting the definition of a "need" for special education to student performance that falls below normative performance standards and measuring the student's expected performance without assessing or considering individual potential. Not utilizing aptitude tests to determine the student's expected levels of achievement and not giving "careful consideration" to the aptitude testing. And illegally restricting the scope of federal entitlement under the IDEA by defining "special education" without reference to the governing federal definition and by asserting, without reference to the federal definition, that various educational interventions requested by the parents are not specially designed instruction.

The parties' principal disagreement in this case comes down to what it means to need special education in the context of the IDEA for purposes of determining eligibility.

Complainants have not proven that Respondents violated the IDEA as alleged in the due process complaint. Complainants' requested relief is therefore denied and the due process complaint is DISMISSED