School District proved its school is the appropriate setting for a child taking immunosuppressive medication.

Topic: Special Education, Decided by Judge Schroer 
Docket Number: 1450305 , Decision Date: 2014-09-10 
Attachment: Click here to download the decision. 

Petitioner, a severely disabled eleven-year-old on immunosuppressive medication, argued that attending public school would be hazardous to his health because of his compromised immune system.  However, the School District demonstrated that the school where Petitioner would attend had a small student population and a highly-trained staff committed to proper infection control precautions and was thus a reasonably safe setting for a student with Petitioner’s health needs that was less restrictive than homebound services. Petitioner failed to show that he is entitled to homebound services inasmuch as he was not confined to his home, as required by regulation, and his caregiver did not allow the School District to review his medical records.