IDEA Complaint Decision 01-092

On December 10, 2001, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Wilmot UHS District. The issue is whether the district denied a free appropriate public education (FAPE) to a child with a disability by refusing to enroll the student in school after the student became a resident of the district.

The student whose education is the subject of this complaint became a resident of the Wilmot Union High School district on or about November 27, 2001. The complainant alleges he attempted to enroll the student at Wilmot Union High School on November 27, 2001. The complainant provided the district with the name and phone numbers of the student's previous Wisconsin school district of attendance. On November 30, 2001, the complainant presented completed registration forms to the district. Between November 28 and December 7, the complainant contacted district staff several times attempting to enroll the student. Complainant maintains that he was told during several of those calls that the district would not enroll the student and that the student could not begin attending school until his school records were received from his previous district of attendance. The district did not enroll the child until December 13, 2001.

There should be no interruption in special education and related services when a child with a disability transfers from one Wisconsin school district to another. When the receiving district has not received the student's education records, the agency must request in writing the student's educational records from the sending agency. The sending agency must send the records within five working days of receipt of the written request. In this case, district staff were notified that a student with a disability had moved into their district in November 2001. The complainant repeatedly contacted district staff concerning the student's enrollment. Despite this, the district did not begin providing services to the student until December 13, 2001. The Wilmot Union High School District shall, within 30 days of receipt of this report, submit to the department a corrective action plan (CAP) to ensure that when a child with a disability moves into the district from another district in Wisconsin, there is no interruption of special education or related services. The district also will conduct an IEP team meeting promptly to consider whether additional services may be required to address the delay in the provision of services to this student.

//signed CST 2/8/02
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

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