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Decision Number
179
Book
30
Month
December
Year
2021
In RE
State Complaints Concerning House File 847 and Children with Disabilities, Multiple Districts and AEAs
Appellant
Parents of Children with Disabilities
Appellee
Multiple Districts and AEAs
Full Text
Summary

The parents in state complaints under the Individuals with Disabilities Education Act (IDEA) allege that enforcement of the prohibition on implementing a local face covering requirement by districts contained in House File 847 violated federal law, including the IDEA.

The complaint is COMFIRMED IN PART and NOT CONFIRMED IN PART.  Corrective Action is ordered: Within 45 days of this decision, each child's IEP team shall meet to determine whether some form of masking is required for a child to receive FAPE.  If so, the team will require masking and consider if compensatory education is owed.  Each AEA in the state shall distribute this decision to all superintendents within their boundaries no later than 21 days from date of this decision.