IDEA Complaint Decision 01-071

On October 17, 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 failed, during the 2001-2002 school year, to implement the individualized education programs (IEPs) of two children with disabilities. This is the departments decision for that complaint.

On June 14, 2001 the childrens 2001-2002 IEPs were developed, at Auer Avenue School. Child "As" IEP includes the following provisions: special education "Specialized instruction in the areas of math and language arts including written language and spelling." The amount is 1 hour and 45 minutes and the location is "special education class." However, the district acknowledges that when child "A" began attending school on September 6, 2001 at a different elementary school she was not provided the special education services as listed in her June14, IEP.

Child "Bs" IEP includes the following provisions: special education "Specialized instruction in the areas of reading, math and language arts including written language and spelling." The amount is two and one-half hours daily and the location is "special education class." However, the district acknowledges that when child "B" began attending school on September 6, 2001 at a different elementary school he was not provided the special education services as listed in his June14, IEP.

During the week of September 16, the childrens guardian visited the school and complained that the two children were not receiving the special education services in their IEPs. On September 26, 2001, IEP teams reviewed and revised the IEPs for the children. The IEP team changed the frequency/amount of special education for Child "A" to "1 hour and 45 minutes/daily modified 9-26-01" and changed the location to "special education class and special support in regular education classroom modified 9-26-01." The IEP team changed the location for Child "B" to "special education class and special support in regular education classroom modified 9-26-01." The IEP teams did not change any other sections of the childrens IEPs.

The district will conduct IEP team meetings, at a mutually agreed to time, within 30 days of the date of this decision. The IEP teams will consider whether additional services are required due to the failure to provide services consistent with the childrens IEPs and due to the failure to provide services at the beginning of the school year as determined in complaint decision 01-062. The district will provide the department with documentation of the teams decisions by January 31, 2002.

On October 3, 2001, in the decision letter for complaint # 01-058, the district was directed to submit to the department a consolidated corrective action plan (CCAP) to ensure that all children with disabilities in the district are provided the services specified in the childrens IEPs. This plan will consolidate the corrective action for multiple complaints regarding providing services specified in IEPs including complaints number 99-061, 00-009, 01-032, 01-040, 01-043, 01-048, 01-058 and 01-071. The district must provide the department this CCAP by January 14, 2001.

This concludes our investigation of this complaint.

//signed CST/SJP 12/17/01
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