JEFFERSON CITY, MO. —The Missouri Administrative Hearing Commission filed a stipulation on Aug. 30 resolving two due process complaints for alleged violations of the Individuals with Disabilities in Education Act (IDEA).
William Mulholland Jr. filed two complaints on March 8 and again on April 30 on behalf of his daughter, M.M., that alleged the Aurora R-VIII School District failed to provide a free and appropriate education to his daughter under the Individuals with Disabilities in Education Act (IDEA).
According to the filing, the stipulation agreement revised the IEP to reflect updated language about the student’s health concerns.
With these changes, Mulholland and the district “agree and stipulate that the IEP for Student is appropriate to meet her needs and enables her to progress in light of her unique circumstances and provides Student with FAPE.”
Mulholland “agrees that the issues raised…have been resolved by this stipulation and that he will not file any further due process or other complaints like the ones…that have been resolved in this due process proceeding.”
In May, Mulholland’s two complaints were consolidated into one case and one hearing. Evidence was presented in a hearing from the parties on July 11. On July 12, Mr. Mulholland filed motions to dismiss.
Additionally on July 12, Mulholland and the district “agreed to a stipulated decision…and further agreed to dispose of this case without further hearing and without a formal decision by the Commission. The parties stipulated that the Commission could enter a consent decision based on their stipulation entered into on the record on July 12, 2018, and based upon the exhibits that were admitted into evidence.
Mulholland’s complaints focused on his daughter’s Individualized Education Plan (IEP) and its diagnosis of Intellectual Disability in the ninth and tenth grades. In December 2017, the District had reviewed the IEP data and had proposed a re-evaluation in several areas.
In February of this year, a meeting was held to review/revise the IEP, to “consider post-secondary transition,” as well as to change the student’s educational diagnoses from ID to “Other Health Impairment.” Although the student’s mother agreed with the change, Mr. Muholland did not.
The second complaint was filed after Mr. Mulholland recessed and completed a meeting that was held to consider additional medical reports.
Administrative Hearing Commission, State of Missouri case number 6:18-cv-03279