IDEA Complaint Decision 12-056

On November 5, 2012, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Boyceville School District. This is the department’s decision regarding that complaint. The issues are whether the district, during the 2012-13 school year:

  • Properly implemented the student’s individualized education program (IEP) and
  • Properly included the required participants in IEP team meetings.

When a student transfers between districts in Wisconsin, the new district, in consultation with the parent, must provide a free appropriate public education (FAPE) to the student, including services comparable to those described in the student’s IEP from the previous district, until the new district either adopts the student’s IEP from the previous district or develops its own IEP.

When the student transferred to the new district, the new district adopted the IEP from the previous district. In the complaint, the parent stated the student’s IEP was not being implemented because the new district was using “study guides” instead of “study cards” used in the previous district. There was no significant difference between the two supplementary aids. Both were provided to assist the student in learning the material. The district properly implemented the student’s IEP.

A district is responsible for appointing the members of the IEP team. The required participants include the parents; at least one regular education teacher of the student (if the student is, or may be, participating in the regular education environment); at least one special education teacher of the student; and the local educational agency representative. At the discretion of the parent or district, other individuals who have knowledge or special expertise regarding the student, including related services personnel, may be invited to the IEP team meeting. The parent stated she had requested all the student’s teachers be at meetings for her son. A district is not required to have all the student’s teachers at an IEP team meeting. The meeting on September 10, 2012 included the required participants. The district properly included required participants in IEP team meetings.

This concludes our review of this complaint, which we are closing. You may contact Teresa Goodier, Special Education Team, at Teresa.Goodier@dpi.wi.gov or (608) 267-2947 if you have any questions about this decision or for technical assistance.

//signed CST 12/27/2012
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support

Dec/tag

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