IDEA Complaint Decision 01-076

On October 18, 2001, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Madison Metropolitan School District. This is the departments decision regarding that complaint. The issue is whether the district, during the 2001-2002 school year, failed to implement the individualized education program (IEP) of a child with a disability.

The parent enrolled her child in the district on September 13, 2001, and informed the district that the child needed special education services. The child previously attended school in Iowa. The district did not receive the childs special education records from Iowa until October 19, 2001. On November 7, 2001, the district held an IEP team meeting to adopt the childs IEP from Iowa and began implementing the IEP on November 8, 2001. On November 28 and December 5, 2001, the district held IEP team meetings for the purposes of reevaluation, IEP development, and placement.

When a local educational agency (LEA) receives a transfer student with a disability from a public agency in another state, the LEA may provide special education services in accordance with the IEP from the sending agency until it develops it own IEP or adopts the sending agencys IEP. The LEA must adopt the evaluation and eligibility determination of the sending agency or conduct a new evaluation and eligibility determination. If it conducts its own evaluation, it must complete the evaluation and develop an IEP and placement within 90 days of the date the child enrolls in the LEA. The department concludes that the district properly adopted the sending agencys IEP and completed the evaluation and developed an IEP and placement for the child within 90 days of the date of enrollment.

This concludes our review of this complaint.

//signed 12/11/01
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