Hearing

Officer Cedar Rapids

I, as the hearing officer due hear by rule in favor of the family. Garrett is a smart and

capable student. He needs most help with his physical being. Garrett was paralyzed when he

was 4 years old and now has problems with his spine. Until now the parents have provided total

care for Garrett in school. During his kindergarten year he received assistance from his aunt.

However, due to Free appropriate public education (FAPE), the school district should provide

Garrett with the help he needs during school hours. The school needs to provide trained

personnel for Garrett’s needs, which are his respiratory machine, wheelchair rotation, eating

and any other needs as they arise.

Due to Garrett having a respirator the school district is going to have to have some

trained personnel due to Iowa’s state law 34 CFR 300.16(a). It is important to follow zero reject

and to keep Garrett in the least restrictive environment. Without the services provided by the

school Garrett will be unable to attend the public school and be an asset to the school. Under

IDEA there is no cap on the cost that it will take to make sure that students are remaining in the

least restrictive environment.

So, I hear by state that the school district is responsible for providing Garrett with the

services he needs. Under IDEA, FAPE and Zero Reject I have made my decision and it is now up

to the school to provide these services.