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Before The
State Of Wisconsin
DIVISION OF HEARINGS AND APPEALS
In the Matter of [Student]
v.
Milwaukee Public Schools |
Case No.: LEA-02-044
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PREHEARING TELEPHONE CONFERENCE REPORT AND
ORDER OF DISMISSAL
On September 9, 2002, the initial telephone prehearing conference was held in this matter. During the telephone conference, the Parent stated that the surname for herself and for the Student is "XXXXX" (not XXXXXX, as she had identified in the due process hearing request). The Parties to this proceeding are:
[Student], by her mother
[Mother]
[Address]
Attorney Susan D. Bickert
Milwaukee City Attorney's Office
200 E. Wells Street, No. 800
Milwaukee, WI 53202-3551
In the due process hearing request filed on August 29, 2002, the Parent requests the following relief: (1) that MPS convene an IEP meeting, (2) that MPS "be fined $100 per day for each day that an IEP meeting requested by a parent is delayed more than ten working days after receipt of a written request," and (3) that certain employees of MPSs not be "involved in any IEP team or parent request or complaint concerning Special Services for the 2002-02 [sic] school year." The due process hearing request must be dismissed for the reasons described below.
The assignment of the specific educational professionals who participate in the development and implementation of a child's educational program is an administrative function of school districts and is generally not reviewable in a due process hearing under the state and federal special education laws. See, e.g., Nicolet Union High School, LEA-99-035 (LEA WI 9/30/1999) (www.dpi.state.wi.us/dpi/dlsea/ een/lea99035.html); Freeport School District 145, 34 IDELR 104 (LEA IL 2000). Accordingly, the request that certain identified educational personnel not "be involved in any IEP team or parent request or complaint concerning Special Services" for this school year is not available relief in a due process hearing and thus is stricken from the due process hearing request.
Wisconsin Stat. § 115.80(6) does not grant hearing officers the authority to impose financial penalties or fines upon school districts, so the requested fine is not available relief in a due process hearing in Wisconsin. Accordingly, the request for financial penalty or fine is stricken from the due process hearing request.
The only requested relief that is available under the special education laws is the request that an IEP team meeting be held. The Parties confirmed during the prehearing telephone conference that an IEP team meeting had been held on September 4, 2002 and that the resulting IEP specified a placement at Milwaukee High School of the Arts. The Parent confirmed that the Student is presently attending school at this placement. Thus, the only relief sought that is available in a due process hearing has now been provided by MPS. The due process hearing request is therefore dismissed as moot.
Dated at Milwaukee, Wisconsin on September 9, 2002.
STATE OF WISCONSIN
DIVISION OF HEARINGS AND APPEALS
819 North 6th Street, Room 92
Milwaukee, Wisconsin 53203-1685
Telephone: (414) 227-1860
FAX: (414) 227-3818
By:________________________________
William S. Coleman, Jr.
Administrative Law Judge
NOTICE OF APPEAL RIGHTS
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 Wis. Stat. §115.80(7), or to federal district court pursuant to 20 U.S.C. §1415 and 34 C.F.R. §300.512.
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