IDEA Complaint Decision 12-026

On May 14, 2012, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Monroe School District. This is the department’s decision regarding that complaint. The issues are whether the district, during the 2011-12 school year, properly developed the student’s individualized education program (IEP) regarding transition services, implemented the student’s IEP regarding the provision of supplementary aids and services, and timely provided the adult student a copy of the IEP.

Beginning at the age of 14, the student’s IEP must include appropriate measurable post-secondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and the transition services (including courses of study) needed to assist the student in reaching those goals. The student’s IEP in effect at the beginning of the 2011-12 school year included a properly developed statement of transition services. The student participated in the IEP team meeting held on March 7, 2011, and a copy of the IEP was provided to the adult student prior to its implementation.

On October 20, 2011, the IEP team met to develop an annual IEP and address parental concerns about the accommodations and modifications provided to the student. The student and parent participated in the meeting. The IEP included a properly developed statement of transition goals and services including career exploration activities, job shadowing, coursework, and individualized instruction in career and employability skills. It was determined the student was on track to graduate at the end of the year. Supplementary aids and services included a number of testing and grading modifications including several specific to two general education classes. The student dropped one of the classes soon after the second semester started. Information reviewed by the department indicates the services were implemented as written.

The IEP developed on October 20, 2011, was to go into effect on December 1, 2011. IEP documentation indicates a placement notice was provided to the adult student on October 20, 2011. Wisconsin statute requires a copy of the IEP be provided with the notice of placement. The district verified a copy of the IEP was mailed to the student on October 25, 2011. Although not provided on the same date as indicated on the placement notice, the adult student received a copy of the revised IEP well in advance of its implementation on December 1, 2011. The department has verified the district has clarified its procedures to ensure dates on IEP documents are correct and parents are provided a copy of the IEP with the notice of placement.

On December 8, 2011, the IEP team met to address parental concerns about the student’s educational program. No changes were made to the IEP during the meeting, however it was decided a reevaluation would be initiated in response to the parent’s concerns. Proper notice was provided of the IEP team decision to initiate a reevaluation. There is no evidence the student requested another copy of the IEP following this meeting, and it was not necessary to send a copy to the student as the IEP was not revised during this meeting.

On March 9, 2012, the IEP team met to conduct a reevaluation and review the student’s IEP. The adult student and parents participated in the meeting. During the meeting, the IEP team found the student continued to be eligible for special education. The current IEP was reviewed and it was determined no changes were needed. A copy of the IEP cover sheet and evaluation report was sent to the adult student on March 14, 2012. It was not necessary to send another copy of the IEP to the student as no changes were made.

On May 21, 2012, the IEP team met to review the IEP and discuss the student’s anticipated graduation. The adult student participated in the meeting. The IEP team determined the student had met all graduation requirements and was eligible to graduate. A summary of performance was developed. The student was properly notified of the IEP team decision following the meeting and was provided with a copy of the summary of performance. The student has since graduated with a regular diploma.

This concludes our review of this complaint which we are closing. You may contact Paula Volpiansky, Special Education Team, at (608) 267-3725 if you have any questions about this decision or for technical assistance.

//signed CST 7/9/2012
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support

Dec/pfv

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