On April 24, 2013, April 30, 2013, and May 3, 2013, the Department of Public Instruction (DPI) received complaint forms alleging violations of state and federal special education law from XXXXX against the Waunakee Community School District. The issues are whether the district:
- In the spring and summer of 2012, properly responded to a parent’s request for an individualized education program (IEP) team meeting and properly conducted an annual review of the student’s IEP; and
- Whether the district, between May 7, 2012, and June 7, 2012, properly implemented the student’s IEP regarding the provision of social skills instruction, provision of notes, and breaking down projects into smaller due dates.
A district must respond to a parent’s reasonable request for an IEP team meeting by scheduling the IEP team meeting at a mutually agreed on time and place. A student’s IEP must be reviewed periodically, but not less than annually. The student’s prior annual IEP review took place on September 29, 2011. On May 2, 2012, the parent requested an IEP team meeting to discuss the student’s current special education services and transition to middle school. On May 7, 2012, the district contacted the parent to request a list of possible dates for the IEP meeting. The district, with the parent’s agreement, scheduled an IEP meeting for June 7, 2012. At the IEP team meeting, the IEP team determined the meeting would need to be continued another day to discuss the parent’s desire for the student to participate in an advanced course. The IEP team identified July 26 as a preferred date for the next meeting. On July 19, 2012, the parent contacted the district and requested a representative from the district’s gifted and talented program attend the July 26 IEP team meeting. The district responded that the requested staff member would not be available for July 26, and proposed new dates during the week of August 27, for the IEP team meeting. The parent requested the meeting be held either August 14 or August 16. The district scheduled an IEP team meeting for August 16, 2012. The IEP team met on August 16, and completed the annual review of the student’s IEP. The district properly responded to the parent’s request for an IEP team meeting by scheduling the meetings at a mutually agreed on time and place, and properly conducted an annual review of the student’s IEP by reviewing the IEP within one year of the previous IEP meeting.
A student’s IEP must be implemented as written. The student’s IEP specified the provision of social skills instruction, five times per week for 45 minutes; support with breaking down projects into smaller due dates, when assignments and projects were due more than three days out; and printed notes, whenever the student was expected to take notes in class. The parent expressed concern that the student was not provided these services for the period of May 7, 2012 to June 7, 2012. An interview with district staff confirms social skills instruction was provided by the student’s case manager, and support with assignments and notes were provided by the student’s classroom teacher between May 7, 2012 and June 7, 2012. The district properly implemented the student’s IEP.
This concludes our review of this complaint, which we are closing.
//signed CST 6/20/2013
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support
Dec/pas