education pictures
Decision Number
251
Book
29
Month
December
Year
2019
In RE
E.V.L.
Appellant
Community School District and Area Education Agency
Appellee
Parents
Summary

Student has extensive medical needs requiring placement at a residential facility. In July 2017, student's family moved to Iowa where father accepted employment and enrolled student in the Respondent District (District). The District declined to continue student's out-of-state residential placement.

Family agreed to a temporary residential placement in Iowa, where student was served by the local school district. Student regressed physically and academically during the temporary residential placement. In August 2018, mother moved back to the family's prior home and renewed student's placement at previous residential facility.

Complainants allege the District and AEA failed to provide a free appropriate public education (FAPE) as required by the IDEA. Complainants argue that because one parent resides in the District, the student is entitled to dual residency.

Respondents argue that Complainants' request for relief is moot because the student now resides in a new school district that has assumed responsibility for providing FAPE.

ALJ concludes that because student is no longer an Iowa resident, was dis-enrolled from the District and re-enrolled in another school district prior to filing the present complaint, all claims for relief related to the alleged past and present failure of Respondents to provide FAPE are mute. Complainants' due process complaint is dismissed.