IDEA Complaint Decision 01-089

On November 30, 2001, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Montello School District. The issue is whether the district, during the 2001-2002 school year, failed to implement provisions of the child's individualized education program (IEP) requiring oral tastes of food during the lunch period. This is the department's decision regarding that complaint.

A settlement agreement was reached between the complainants and the school district for the 2001-2002 school year after complainants requested a due process hearing. The complainants withdrew their request for the hearing and the matter was dismissed. Negotiations took place between the two parties from July 6, 2001, to October 24, 2001, when the settlement agreement was finalized.

The settlement agreement states the child is to be provided oral tastes of food while in the lunchroom in accordance with the procedures set forth in the IEP. In addition, the agreement directs the IEP team meeting to be held no later than 30 days after the agreement was reached. The complainants and the district finalized the settlement agreement on October 24, convened an IEP team meeting on November 21 (twenty-nine days after the agreement) and implemented the IEP provisions for oral tastes of food in the lunchroom beginning on the next day school was in session. The district implemented the provisions of the IEP related to oral tastes in a timely manner beginning on November 26.

This concludes our review of this complaint, which we are closing.

//signed CST 1/25/02
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

Dec/svb

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