Decision reached in Pearson vs. SDMA Hearing

As was expected, a decision was reached in the Pearson vs. School District of the Menomonie Area due process hearing yesterday.  Judge Sally Pederson ruled in favor of the school district in the hearing. The entire ruling is attached below but this is the conclusion and the order. Note that there is a possibility of appeal of this ruling. The plaintiff's attorney has been contacted on this issue but has so far not responded. 

CONCLUSIONS OF LAW

1. The written settlement agreement executed by the parties on January 3, 2022 fully and
finally resolved the Parents’ claim that the District denied the Student a free, appropriate
public education from September 1, 2021 to January 10, 2022.

2. The Student’s January 10, 2022 IEP is reasonably calculated to provide her with a free,
appropriate public education, and the District has not failed to provide the Student with a
free, appropriate public education by not implementing in her school building the specific
COVID-19 mitigation measures requested by the Parents.

3. The District did not commit any procedural violations that resulted in or constituted a
denial of a free, appropriate public education, as set forth in Wis. Stat. § 115.80(5)(c).DHA Case No. DPI-21-0011

DPI Case No. LEA-21-0011

ORDER

It is hereby ordered that the due process hearing request in this matter is dismissed.
Dated at Madison, Wisconsin on March 1, 2022.