Motion to Dismiss granted for absence of legally cognizable claims under IDEA.

Judge Miller granted Respondent School District’s Motion to Dismiss Plaintiffs’ original due process complaint for failure to state a claim for which relief may be granted under the Individuals with Disabilities Education Act (IDEA).  In their original Complaint, Plaintiffs (1) objected to the physical location of their child’s placement; (2) alleged that a change of their child’s educational placement requires parental consent; and (3) sought identification of and placement in an SB-10 qualified school.  The law does not recognize the issues alleged or allow for the requested relief.  First, under the IDEA, parents are not entitled to dictate where their child’s Individualized Education Plan (IEP) will be implemented, as physical location is not a component of an educational placement.  Second, where a proposed change of placement has been addressed at an IEP meeting, parental consent is not needed in order for the change to be valid.  Third, the Georgia Special Needs Scholarship Act does not require school districts to identify which SB-10 qualified schools have the ability to implement a particular student’s IEP.  An Amended Complaint with additional issues was preserved for a hearing.