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Click here for the full text of this decision FACTS:Shelby S. is a student in the Conroe Independent School District and is eligible to receive special education under the Individuals with Disabilities Education Act. She suffers from a rare autonomic nervous system disorder known as Dysautonomia that makes her medically fragile: she is prone to sudden �crises� that can result in unconsciousness, cyanosis, cardiac arrest and death. At the beginning of the 2002-03 school year, Kelly reported that Shelby could attend school under certain conditions. On Aug. 16, 2002, an admission, review and dismissal committee (ARD committee) met and prepared an individualized education program (IEP) report for Shelby. Kathleen T., Shelby�s grandmother, guardian and primary caregiver, attended class with Shelby. On Aug. 27, 2002, because Ms. T�s presence was unacceptable to the administration at Shelby�s school, the principal of the school informed Ms. T she could no longer attend class with Shelby. As a result, Shelby did not return to class. After two meetings, on Sept. 6, 2002, and Sept. 26, 2002, the ARD concluded it needed additional information about Shelby, in order to reevaluate her IEP. In September and November the school district and Ms. T remained in disagreement regarding whether Shelby�s guardian needed to be present in the classroom, the proper accommodations for Shelby, and whether CISD would be able to conduct further evaluations. Shelby received instruction for the remainder of the school year as a homebound student. In February 2003, CISD requested that the Texas Education Agency hold a hearing, pursuant to the IDEA, so that it could proceed with its evaluation of Shelby in the absence of parental consent. The hearing officer, Stephen P. Webb, conducted a hearing in June 2003. He determined that because there was conflicting

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