IDEA Complaint Decision 08-027

On March 10, 2008, the Department of Public Instruction (DPI) received a complaint under state and federal special education law from XXXXX against the Green Bay Area School District. This is the department’s decision regarding that complaint. The issue is whether the district, during the 2007-2008 school year, provided required special education services to a child with a disability.

On April 25, 2007, the individualized education program (IEP) team conducted a reevaluation, developed an annual IEP and determined placement. The IEP included 180 minutes daily of special education services in reading and written language and 60 minutes daily of special education math services. At the time of the complaint, the district had been aware of the parent’s concerns regarding IEP implementation and had been making efforts to address them. The district acknowledges the amount of special education services in reading, written language, and math was not provided as written for the first two trimesters of the 2007-2008 school year.

The IEP team was reconvened on April 22 and April 28. The student’s IEP has been reviewed and revised to address the student’s needs and parent’s concerns. The district has agreed to provide compensatory services during the summer to address the failure to provide needed special education services during the school year and has provided the department with IEP team documentation of these decisions. In addition, upon receipt of the complaint, the district reviewed and updated administrative procedures to ensure all student IEPs will be implemented as written. A copy of the updated procedures was submitted to the department. Special education department chairpersons from each school have been trained on the updated procedures. All building administrators will receive training on the updated procedures for the 2008-2009 school year and will be responsible for insuring they are implemented. District level administration will monitor implementation.

The department has determined these corrective actions are acceptable. By September 30, 2008, the district will submit documentation of the completion of training on and monitoring of the updated district procedures to ensure student IEPs are implemented as written.

This concludes our review of this complaint. The department thanks the parent and the district for their efforts in addressing the issues of this complaint.

//signed CST 5/7/08
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

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