IDEA Complaint Decision 12-035

On June 15, 2012, 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, during the 2011-12 school year, properly considered the parent’s concerns about the student’s transfer from a residential treatment facility to a school within the district.

The district must take steps to ensure that one or both of the student’s parents of a student with a disability are present at each individualized education program (IEP) team meeting or afforded the opportunity to participate. In developing each student’s IEP, the IEP team must consider the concerns of the parents for enhancing the education of their child.

On April 16, 2012, the district held an IEP team meeting per request of the residential treatment facility, to review and revise the student’s IEP, develop a statement of transition goals and services, and determine continued placement. When the IEP team meeting was held, the student was still receiving treatment at the facility and there was no indication he would be returning to MPS by the end of the school year. The student’s mother attended the IEP team meeting with a child advocate. In addition, a teacher from the residential treatment facility participated in the meeting by telephone. The IEP team members discussed the parent’s concerns, and the student’s IEP includes documentation of the parent’s concerns. In addition, the IEP team discussed door to door transportation and psychological services as reintegration services, and these were documented on the determination and notice of placement as options considered and rejected at this time. IEP team members recommended that an IEP team meeting be conducted when the student reenrolls in MPS, to review and revise the student’s IEP. At this time, the student is still receiving services at the residential treatment facility and has not reenrolled in the district. The district properly considered the parent’s concerns.

This concludes our review of this complaint which we are closing. You may contact Janice Duff, Special Education Team, at (414) 227-1845 if you have any questions about this decision or for technical assistance.

//signed CST 8/14/2012
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support

Dec/jfd

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