IDEA Complaint Decision 01-065

On September 18, 2001, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Middleton-Cross Plains Area School District. The issue in this investigation is whether the district failed to implement the provisions of the childs individualized education program (IEP) at the beginning of the 2001-2002 school year. This is the departments decision for that complaint.

The childs IEP requires hearing impairment support services provided by an instructor for the hearing impaired (HI). A school district must ensure that all services specified in a childs IEP are provided. The complainant alleges, and the district acknowledges, that no hearing impaired support services were provided for her child from August 22, 2001, until September 18, 2001. The childs hearing impaired instructor for the 2000-2001 school year resigned at the end of the school year, and the district had been unable to find a qualified instructor for the hearing impaired.

The district has agreed to provide additional support services from a teacher of the hearing impaired during the 2001-2002 school year to compensate for the delay in services. The district will hold an IEP team meeting to revise the IEP to reflect the additional time. The district will send the department evidence that it has completed these activities. The district also has outlined plans for dealing with staffing shortages and has notified parents of children with hearing impairments about the situation.

This concludes our investigation of this complaint.

//signed CST 11/26/01
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

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