IDEA Complaint Decision 04-016

On March 31, 2004, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the School District of Osseo-Fairchild. This is the department's decision regarding that complaint. The issues are whether the district properly developed an individualized education program (IEP) and determined placement for a student with a disability following her transfer from another state in August 2003. This is the department's decision for that complaint.

 

This complaint concerns the education of a child with a disability who transferred to the Osseo-Fairchild School District from an Illinois district in August 2003. In August, the parent enrolled her child in high school and signed a release of information for the child's records to be forwarded from the Illinois district. The parent maintains the district did not properly develop an IEP because it did not provide her with a written notice that the district adopted the IEP, and did not obtain her written consent for placement. When a receiving district in Wisconsin formally adopts an out-of-state district's evaluation and eligibility determination and IEP, the receiving district must notify the parents of this decision. The receiving district can meet this requirement by sending the parent a written notice of the adoption that meets the requirements of 115.792(2), Wis. Stats. The district also must receive written consent for placement from the parent.

 

The parents met on September 2, the first day of school, with school personnel. During the IEP team meeting the district adopted the IEP developed by the Illinois district. A placement notice, dated September 2, 2003, indicates that the IEP developed by the Illinois district in February 2003 would be implemented by the district. There is no documentation or notice to the parent that the district adopted the Illinois evaluation and eligibility determination. The district did not provide the department with a copy of the parent's consent for placement. On January 7, 2004, an IEP team convened to review and revise the current IEP and to commence a reevaluation of the student.

 

In this case, the district adopted the out-of-state IEP and notified the parent of this determination on the placement notice dated September 2, 2003. However, the district did not notify the parent that it had adopted the out-of-state evaluation and eligibility determination and did not obtain parent consent for the initial provision of special education in Wisconsin. The district will submit a proposed corrective action plan to the department within 30 days of receiving this decision to ensure the district properly notifies parents of the decision to adopt an out-of-state evaluation and eligibility determination and the district obtains parent consent for the initial provision of special education in Wisconsin. The district will provide the department with documentation of the recent eligibility determination for the student and parent consent for placement.

 

This concludes our review of this complaint.

 

//signed CST 6/1/04
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

 

Dec/arh

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