An Idaho hearing officer found in West Ada School District No. 2 that the district’s substitution of a 1:1 school nurse for a disabled student did not constitute a violation of FAPE. While the parents of the student argued that the student’s initial nurse had been chosen and trained by the parents, when that nurse had to take medical leave and a substitute had to be chosen, the IHO found that the parents did not have a right to participate in the selection of the substitute. The IHO further noted that prior consent/approval for substitute personnel are not required by law, nor did the student’s IEP require parental participation in substitution decisions.
September 2020
