IDEA Complaint Decision 01-056

On July 23, 2001, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Marinette School District. This is the departments decision regarding that complaint. The issues are whether the district, during the 2000-2001 school year, failed to reevaluate a child with a disability in a timely manner and failed to include the childs regular education teacher as an individualized education program (IEP) team participant during the reevaluation.

XXXXX referred her child for a reevaluation on February 28, 2001. On June 7, 2001, the district convened an IEP team meeting to determine the childs eligibility for special education, to develop an IEP, and to determine placement. A regular education teacher attended the IEP team meeting. At the June 7 IEP team meeting, the IEP team determined that the child meets the criteria for cognitive disability and emotional disturbance and is eligible for special education. On September 5, 2001, an IEP team meeting was held to develop an IEP for the child and to determine placement. The parent received a copy of the IEP at the meeting. The district mailed the notice of placement to the parent on September 18, 2001.

The district acknowledged to the department that it failed to notify the parent of the childs educational placement within 90 days of the referral for reevaluation. The district must ensure that staff is aware of the requirement in 115.78 (3), Wis. Stats., that a district notify a childs parents of the educational placement within 90 days of a referral for evaluation or reevaluation. The district will inform the department of its proposed corrective actions within 30 days of the date of this decision.

This concludes our review of this complaint.

//signed 9/19/01
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

Dec/smp

For questions about this information, contact Patricia Williams (608) 267-3720