education pictures
Decision Number
93
Book
29
Month
June
Year
2019
In RE
J.P.
Appellant
B.F. and J.P.
Appellee
Esthervile Lincoln Central CSD and Prairie Lakes AEA
Summary

This matter came on for hearing in Estherville, IA at the Iowa Lakes Community College campus on March 11-12, 2019. The IDEA requires that states receiving federal funds for education children with disability must provide a free appropriate education (FAPE). The student in question here is and has been eligible for special education and has received specially designed instruction (SDI) and related services through and IEP since she started school.

During all times relevant, the child has received a variety of accommodations while in the general education classroom. Two primary issues were set forth. First, complainants assert that without more individualized support, the general education setting is more restrictive [than not being assigned a para]. Second, they argue that the district has not provided "meaningful" access to the curriculum by not assigning a para in the general education setting.

The preponderance of the evidence in the instant case indicates the child does not require fulltime one-to-one paraprofessional assistance to receive a FAPE. This is consistent with the IDEA's preference for mainstreaming where possible and for providing students with an education in the least restrictive environment.

To the extent any arguments made by Complainants have not been specifically addressed in this decision, they have been considered and deemed without merit. Complainants' requested relief is therefore denied and the due process complaint is DISMISSED.