Student requires medication be administered at school under certain circumstances. In past years, this issue was addressed in the Individualized Heath Plan (IHP) and did not require student to be sent home after administration of medication. In August of 2018, the district amended the IHP to include the provision that parent be notified after medication is administered and the parent would take the child home when safe to do so.
Parent asserts that nursing services are "related services" that are subject to the special education regulations and are only subject to revision by the IEP team. According to Complainant, the failure to seek parental input and follow other procedural protections attendant to changing an IEP amount to a procedural violation.
Complainant argues that the district's decision to exclude the child from school after receiving medication was not individualized to meet student's needs, is not evidence-based, and therefore denied student a free appropriate public education.
Respondents argue that Complainant cannot challenge the district's protocol through a due process complaint. Respondents believe parent's right to parental participation was not impeded because an IHP may be changed outside the confines of an entire IEP team. Further, Respondents believe the protocol does not deny the child's right to FAPE because their actions were reasonable based on the information available at the time.
ALJ concludes that the Complainant has not proven the Respondents denied student a free appropriate public education. Complainants' requested relief is denied, and the due process complaint is dismissed.