IDEA Complaint Decision 08-013

On February 1, 2008, the Department of Public Instruction (DPI) received a complaint under state and federal special education law from XXXXX against Milwaukee Public Schools (MPS). This is the department’s decision regarding that complaint. The issue is whether the district properly implemented the student’s individualized education program (IEP) between September 2007 and February 1, 2008, regarding participation in special education classes.

The district acknowledges it did not ensure required special education and related services were provided to the child with a disability between September 4, 2007, and January 29, 2008, when the child transferred from a district middle school to a district high school.

On January 29, an IEP team meeting was held to review and revise the student’s IEP, develop a transition statement, and determine placement. The student’s parent and a parent advocate attended the meeting. The student’s mother was very concerned that the student was placed in all regular classes during the first semester. The local education agency representative at the IEP team meeting explained the district recognized its failure to provide the student with special education and related services during the first semester of the 2007-2008 school year and the team considered compensatory services for the child. The IEP team determined the student would receive special education services 212 minutes a day beginning January 29. The IEP team determined the student did not need compensatory services. The IEP team agreed to review the student’s IEP in four weeks and will further consider the need for compensatory services at that time. By April 30, 2008, the district must send to the department a copy of the student’s IEP clearly documenting the IEP team’s consideration and decision regarding compensatory services.

When a school receives a student with a disability, they must ensure there is no interruption in the student’s special education and related services. The district recognizes this duty, and the school will review, and revise if necessary, procedures to ensure students identified as a child with a disability receive required special education and related services when they transfer to a high school. In addition, the school special education leadership liaisons must work with the staff, including staff who schedule classes, at each district high school to review and revise, if necessary, each school’s implementation of procedures for determining the special education and related services to be provided to a student with a disability who transfers into the high school. By May 1, 2008, the district must send to the department a written report of the review activities to ensure there is no interruption in students’ special education and related services when they transfer from a district middle school to a district high school.

This concludes our review of this complaint.

//signed CST 3/31/08
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