education pictures
Decision Number
180
Book
29
Month
August
Year
2019
In RE
A.W.
Appellant
A.W.
Appellee
Dubuque CSD; Keystone AEA
Summary

Student attended schools in Respondent district from kindergarten through high school. Child Find mechanism was in place in the district. Complainant has not proven that Respondents had any reason to suspect that he had a qualifying disability that may have necessitated special education until August 2012, which was the start of student's senior year in high school.

Because Respondents did not seek consent for a full initial evaluation at the time that their child find obligations were triggered and did not, therefore, provide parents with the procedural safeguards document that is required under the IDEA, the two-year limitations period for filing a due process compliant is toiled back to August 2012. Complainant, however, has failed to prove a qualifying disability that would have resulted in his eligibility under the IDEA. Consequently, he is entitled to no remedy for the procedural child find violation.

Complainant has not proven that Respondents violated the IDEA as alleged in the due process complaint. Complainant's requested relief is denied and the due process complaint is dismissed.