IDEA Complaint Decision 01-057

On July 19, 2001, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against Milwaukee Public Schools (MPS). The issue in this complaint is whether the district, in July 2001, failed to provide the related service of transportation as extended school year services, consistent with a childs individualized education program (IEP). This is the departments decision for that complaint.

An IEP developed for the child during an IEP team meeting held February 8, 2001, requires the related service of door-to-door transportation on all school days during six weeks of extended school year (ESY) service. A school district must ensure that all services specified in a childs IEP are provided. The district acknowledges that it failed to make available door-to-door bus transportation on July 9, 2001, and the morning of July 10. The child did receive ESY services on July 10 because a parent advocate, accompanied by the parent, drove the child to school and school staff provided transportation at the end of the school day. On July 11, door-to-door bus transportation was provided. On March 12, 2001, the department approved corrective actions for complaint #00-047 to ensure that each child with a disability is provided transportation consistent with the provisions of the childs IEP. These corrective actions are being implemented during the summer of 2001. By September 14, 2001, the district must provide the department required documentation to verify that the corrective actions were effective or revise the plan to ensure that each child with a disability is provided transportation consistent with the provisions of the childs IEP.

//signed CST 8/21/01
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

Dec/jfd

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