Complainants filed a due process complaint against WDM CSD and Heartland AEA. Hearing in this matter was held on February 20-22, 2019. Issues - Respondents failed to provide complainants with a Prior Written Notice (PWN); Assessments from 2017 were not implemented and did not constitute a valid and reliable measure of student's medical needs; PWN and IEP plans were not contemporaneously shared with parents; Respondents' proposal to change the care provided to student during the school day, including failure to provide a dedicated nurse on the bus and school premises is a denial of a free appropriate public education (FAPE) to student.
Student has been approved for and receives services under Medicaid health and disability waiver program. As part of this program, her care needs are reevaluated every year. Student has been approved for 18 hours of nursing care seven days per week. Student has had a private duty nurse (PDN) available to her at school. Private nursing was becoming difficult to secure and the IEP team discussed the student's nursing care at the meeting and provided input to the team.
The team discussed that the IEP going forward would include a trained health associate when no PDN was available. Parents shared that they preferred the PDN continue to meet student's needs at school. A re-evaluation to determine student's health needs at school was initiated. The evaluation determined that student's immediate health needs could be met by a health associate under the direction and supervision of the RSN.
With one exception, Complainants have not proven that Respondents violated the IDEA as alleged in their complaint. As discussed in more detail in this decision, a procedural error of not providing a PWN following the 523/17 IEP meeting does not provide a basis to set aside the IEP or to provide other relief. Complainants' requested relief is therefore denied and the due process complaint is dismissed.