Administrative Hearing Commission Dismisses Cases Against West St Francois County School District

On February 1, 2013, the Missouri Administrative Hearing Commission (“AHC”) dismissed two Due Process Complaints that had been filed against MGO client West St. Francois County R-IV School District.  The cases styled, A.M. v. West St. Francois County R-IV School District, Nos. 12-1872 ED and 12-1883 ED, had been filed by A.M.’s parent alleging that WSF had violated the Individuals with Disability Education Act (“IDEA”) by failing to evaluate A. M. to determine her need for special education, and changed A. M.’s education placement from homebound to force the parent to return A. M. to a typical school building education setting.  The parent failed to comply with AHC prehearing orders, and moved to continue the cases shortly before the scheduled trial.  WSF objected to any postponement on the grounds that to do so would violate the IDEA’s stated purpose of resolving disputes and complaints related to special education quickly so that the needs of the student can be addressed in an expeditious manner.  Agreeing with the school district, the AHC denied the parent’s request to postpone the hearing and dismissed both cases.

MGO Partner Ernie Trakas and Associate Betsey Helfrich represented Potosi in both cases.

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