IDEA Complaint Decision 04-029

On June 17, 2004, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Milwaukee Public Schools. This is the department's decision regarding that complaint. The issue is whether the district properly notified the parent who would attend an individualized education program (IEP) team meeting scheduled for April 2004.

The parent claims that on April 28, 2004, district personnel attended or attempted to attend an IEP team meeting but had not been included on the invitation to the meeting. Not all district staff who signed the IEP cover sheet as having attended the IEP team meeting were included on the invitation notice which the mother received. The child's school principal attended as the LEA representative in place of the district staff member on the invitation notice which the parent received. In addition to the three staff members on the invitation, a district diagnostic teacher attempted to attend the meeting. The child's mother objected to the attendance of the diagnostic teacher and the diagnostic teacher left the meeting. Although the parent did not ask the principal to leave the meeting, the parent was not provided an amended written notice of who would attend the IEP team meeting. A district has a responsibility to notify parents of who will be in attendance at IEP team meetings.

On June 9 and 11 the district sent the child's mother IEP team meeting invitation notices. District staff who signed the IEP cover sheet as having attended the June 16, 2004, IEP team meeting were all included on the invitation notice which the parent was mailed. The June 9 and 11 notices demonstrate the special education staff understands the requirement to notify parents of who will be in attendance at IEP team meetings. No further corrective action is required to address the error related to the April 28 notice. Department staff will continue to work closely with the district to assist in its continuous improvement and focused monitoring activities.

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

//signed 8/10/04
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

Dec/jfd

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