Missouri Administrative Hearing Commission Finds for Van-Far R-I School District in IDEA Due Process Case

On June 6, 2014, the Missouri Administrative Hearing Commission (AHC) issued Finding of Fact and Conclusions of Law in favor of the Van-Far R-I School District on all counts in a special education due process complaint filed by the parents of a Van-Far student.  The parents filed the complaint pursuant to the Individuals with Disabilities Education Act (IDEA) alleging that the District failed to properly evaluate the student and erred in its determination that the student was not disabled and in need of special education.  The parents claimed that their child had a voice impairment and was entitled to receive voice therapy under the IDEA.  The parents requested an evaluation to determine the student’s eligibility to receive special education.  In response, the District timely evaluated the student.

Following its evaluation a multidisciplinary team determined that the student did not meet eligibility criteria to qualify as a student with a disability under the IDEA.  After a hearing on the merits of the parent’s complaint, the AHC concluded that “No evidence was presented to support a different conclusion than that the School District’s evaluation of child was sufficient, the procedures were adequate, and the determination that Child was not eligible for services was correct.”  Mickes Goldman O’Toole, LLC Partner Ernie Trakas defended the Van-Far R-I School District before the AHC.

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