IDEA Complaint Decision 06-012

On March 9, 2006, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against Milwaukee Public Schools. This is the department’s decision regarding that complaint. The issues are addressed below.

  • Whether the district properly responded to a parent’s request during the 2003-2004 school year for an evaluation to determine whether her child is a child with a disability.

The parent completed a referral form which was received by the district on April 29, 2004. An IEP team meeting was convened on June 7, 2004, for the purpose of determination of eligibility, placement, and initial IEP development. The child was suspected of having a disability in the areas of specific learning disability and speech and language impairment. Those two disability areas were each considered and rejected. The student was determined to not be eligible for special education services at that time.

The child’s vision was examined on July 30, 2004, and a functional vision disorder was diagnosed. The mother referred the student a second time on August 25, 2004, and provided new information regarding the child’s functional vision. On November 17, 2004, the IEP team determined the student was eligible for special education services in the area of other health impaired. On the same day, the parent authorized placement. The district implemented the IEP beginning November 22, 2004. The district properly responded to a parent’s request during the 2003-2004 school year for an evaluation to determine whether her child is a child with a disability.

  • Whether the district properly responded to a parent’s request in March 2005 for the district to provide services to her child while enrolled by the parent in a private school located in the district.

The mother withdrew her child from the public school on March 7, 2005, and placed the child in a private school. A parentally placed private child with a disability does not have an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school. As of March 2006, the district had allocated all of its resources for parentally placed private children with disabilities. The parent may contact district staff in the event that she wants to request the district to develop a services plan for her child for the 2006-2007 school year.

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

//signed by CST 5/8/06
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

Dec/tg

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