IDEA Complaint Decision 01-085

On November 7, 2001, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against Milwaukee Public Schools. This is the departments decision regarding that complaint. The issues are whether the district, during the 2000-2001 and 2001-2002 school years:

  • failed to have an IEP team conduct an annual review and, as appropriate, revise the students individualized education program (IEP); and
  • failed to provide special education, including related services and transition services, to the student pursuant to a valid IEP.

The students parent informed the district of her concerns regarding her childs special education program before this complaint was filed. Consequently, the district held an IEP team meeting on October 29, 2001 to review and revise the students IEP. The parent and the student attended the IEP team meeting.

In its response to this complaint, the district acknowledged to the department that it has no record of holding an IEP team meeting for the annual review and revision of the students IEP during the 2000-2001 school year. The district was unable to provide the department with any evidence that a valid IEP was in effect for the student during the 2000-2001 school year and prior to October 29th during the current school year.

The district has agreed to reconvene the IEP team, at a mutually agreeable time, to determine whether the student needs additional special education services to compensate for the period when no valid IEP was in effect for the student. The district will send the department documentation of that IEP team meeting by January 21, 2002. The district must also submit a corrective action plan to the department within 30 days of this decision to ensure that staff are aware that IEP teams must meet at least annually to review and, as appropriate, revise a childs IEP and that special education services must be provided pursuant to a valid IEP.

This concludes our review of this complaint.

//signed 1/7/02
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