Administration of Diastat on bus a necessary supportive service.

Topic: Special Education, Decided by Judge Schroer 
Docket Number: ***** , Decision Date: 2014-04-30 
Attachment: Click here to download the decision. 

Plaintiffs were denied procedural and substantive rights guaranteed under the Individuals with Disabilities Education Improvement Act (IDEA).  The parent was denied procedural rights when: (1) the school district did not have a knowledgeable agency representative with the authority to commit agency resources at an IEP meeting, and (2) the decision of whether to administer Diastat on the bus to the child was pre-determined and presented as such at the IEP meeting.  These violations prevented the parent from participating in a collaborative decision-making process.  The school district denied the student substantive rights by refusing to administer Diastat on the bus, a supportive service necessary for the receipt of a free appropriate public education (FAPE).  The remedy equitably reflected the unreasonable actions taken by each side.  The parent was awarded reimbursement for half of her driving expenses and the school district was required to train someone to administer Diastat on bus.  However, until the parent releases the child’s medical information, the school district is only required to administer Diastat on the bus if the bus is unable to reach the school or home within the time required for administration.