View FileNovember 3, 2006 to Iowa Bureau of Children, Family, and Community Services Chief Lana Michelson (MS Word)
Dated November 3, 2006Lana Michelson, ChiefBureau of Children, Family, and Community ServicesIowa State Department of EducationGrimes State Office BuildingDes Moines, Iowa 50319-0146Dear Dr. MichelsonThis letter is in response to your recent letter, in which you seek our opinion regarding the interaction of Iowa Code section 282.9 (2005) with Part B of the Individuals with Disabilities Education Act (Part B), as amended by the Individuals with Disabilities Education Improvement Act of 2004 (IDEA). I am sorry for the delay in responding.Your primary concern is situations in which a student is "entitled to special education under IDEA," and is affected by the provisions of section 282.9 of the Iowa Code, which authorizes a school board to make a placement determination for all students who are registered "sex offenders," including denial of enrollment in the school district and provision of educational services in an alternative setting. Generally, to the extent that a student with disabilities who is denied enrollment in the school district's program based on registration as a sex offender due to the student's conduct is provided the services on the student's individualized educAlexa Posny, Ph.D.DirectorOffice of Special EducationPrograms
