On February 14, 2008, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Milwaukee Public Schools (MPS). This is the departments decision regarding that complaint. The issue is whether the district, in February 2008, properly responded to a parents request for a change in placement for a child with a disability.
On February 15, 2008, the district held an individualized education program (IEP) team meeting to review and revise the childs IEP, develop a transition statement, and determine placement. The students mother attended the meeting along with a parent advocate. The IEP team decided the students IEP would continue to be implemented at the students current school. In addition, the IEP team decided the students mother would be provided information about other schools and facilities and the team would meet by February 29, 2008, to consider other placements. If an IEP team meeting was not held by February 29 the students placement would continue to be implemented at the students current school. On February 18, the students teacher provided the students mother a copy of the students IEP, a book containing information about other school sites, and a transfer request form. On February 15, the district received a facsimile request for the students records from a different school district. The student has not reenrolled in MPS and the students mother has not contacted the district requesting an IEP team meeting to determine a different school.
The placement determinations, including the educational environment(s) in which the student will be taught, and the site where the IEP will be implemented, are made by the IEP team and not by any one individual. During the February 15 IEP team meeting the IEP team determined the students continuing placement. In February 2008 the district properly responded to the parents request for a change in placement for the student with a disability.
This concludes our review of this complaint, which we are closing.
//signed CST 4/7/08
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy