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Before The
All findings of fact and conclusions of law made in the decision issued in this matter on May 9, 2002, are hereby incorporated by reference. This amended order does not and shall not have the effect of vacating the order issued on May 9, 2002, but only modifies the May 9th order to allow the parties a fair opportunity to complete the Student's IEP prior to the 2002/2003 academic year. On May 30, 2002, Attorney Joanne Harmon Curry faxed a letter from Attorney David Rohr, to the Division of Hearings and Appeals. In that letter, Atty. Rohr, on behalf of the School District, asked that the order issued on May 9th be amended to allow the parties to reconvene an IEP meeting three days prior to the commencement of the 2002/2003 academic year. According to Atty. Rohr's letter, an IEP meeting was commenced on May 22, 2002, but the Student's IEP could not be completed at that meeting due to [Father]'s work schedule. Due to various schedule conflicts, including those of [Mother], the meeting has not yet been reconvened. At my request, Attorney Scott Mickelson faxed a response on June 5, 2002, objecting to the School District's motion to amend the May 9th order. Atty. Mickelson states that his client believes "more would be lost than gained by continuing the IEP in August." However, what would be lost was not articulated. Given the various scheduling conflicts of the parties involved in the IEP process, including those of [Mother], and because there is no evidence that a continuation of the IEP meeting in August would result in undue prejudice to the Student, I am granting the School District's request. THEREFORE, IT IS HEREBY ORDERED that the IEP meeting commenced on May 22, 2002 be completed prior to 12:00 a.m. of the first day of the 2002/2003 academic year, when students are in attendance for school in the Marshall School District. The resulting IEP shall contain a more precise outline, describing situations in which the Student requires an aide. It is further ordered that the resulting IEP explicitly state whether a BIP shall be implemented. The School District shall abide by the terms of the IEP established for the 2002/2003 academic year. Dated at Madison, Wisconsin on June 7, 2002.DIVISION OF HEARINGS AND APPEALS 5005 University Avenue, Suite 201 Madison, Wisconsin 53705-5400 Telephone: (608) 266-7709 FAX: (608) 264-9885 By:_______________________________________ Mayumi M. Ishii Administrative Law Judge APPEAL TO COURT: Within 45 days after the decision of the administrative law judge has been issued, either party may appeal the decision to the circuit court for the county in which the child resides under §115.80(7), Wis. Stats., or to federal district court pursuant to U.S.C. §1415 and 34 C.F.R. §300.512. To facilitate preparation of the record, when an appeal is filed with the court please send a copy of the appeal to the Division of Hearings and Appeals, 5005 University Avenue, Suite 201, Madison, WI 53705-5400. |