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Before The
State Of Wisconsin
DIVISION OF HEARINGS AND APPEALS
In the Matter of the Due Process Hearing
Request for [Student], by his mother,
[Mother]
v.
[Unnamed] School District |
Case No.: LEA-97-043
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ORDER IMPLEMENTING AGREEMENT
AND ORDER FOR DISMISSAL
- This matter was scheduled for hearing on January 13, 1998.
- The appearances to this proceeding were as follows:
- [Unnamed] School District,
by:
- Attorney June Wilson
[Unnamed] School District
[address]
[Student], by:
[Mother]
[Address]
The parties agreed to incorporate the agreement as reflected
in the Summary of Mediation dated January 8, 1998.
WHEREFORE, IT IS HEREBY ORDERED that, to ensure compliance with
sec. 612.(9)(1)(a), of the Federal IDEA, sec. 115.85(2), Stats.,
and sec. Wis. Admin. PI 11.06, to ensure access to a free and
appropriate education (FAPE), and to further promote parental
cooperation and involvement, the following agreement shall be
implemented by the [Unnamed] School District (XXX):
- [Mother] will be provided with texts and curriculum for all
academic classes (Language Arts, Math, Social Studies and Science).
- Each day Danielle See will fax to [Mother] a monitoring sheet
modified by {mother] and Danielle See. (Will monitor academics,
behavior, homework, etc.) If there are worksheets for homework,
those will also be faxed.
- [Mother] will drop off completed homework daily as needed
in office by 7:35 a.m., and it will be delivered to appropriate
classroom teacher by 8:00 a.m.
- Danielle See will provide supplemental work or suggestions
for use at home. This work will not come back to school.
- Danielle See will be contact person for [Mother] at Toki.
She will be available to discuss and coordinate homework and
discuss other issues with [Mother] Fridays at 7:45-8:00 a.m {Mother]
and Ms. See will have a meeting at the school for discussion of
issues, progress, etc.
- An IEP committee will be convened to discuss a modified schedule
for [Student]. The proposed schedule will be:
7:50-8:10 Home Room (Madame Welsch)
8:14-9:03 Science (Mr. Norderhaug)
9:05-9:54 Math (Ms. See)
9:56-10:45 Personal Development - [Student] will act as Ms. See's
assistant
10:49-11:39 Reading strategies/ORE tutor
11:41-12:31 Tech Ed (Mr. Nelson or Mr. Laufenberg)
12:33-1:03 Lunch
Ms. See and [Mother] may meet to discuss modifications to this
reduced schedule if [Student] experiences difficulties.
- The alternative Discipline Plan in effect for the current
IEP for [student] (copy attached) will be revised as follows:
- Paragraph three in description of procedures to be used will
state:
- Alternative physical space and the use of alternative physical
intervention will not be used with [Student] to manage disruptive
behavior other than that which clearly endangers others. If [Student]
refuses to heed the adults warning after five minutes, an adult
will contact parent via telephone and/or an identified support
staff. Parent and/or other support staff will direct [Student]
to "take a break" in a detention room, time out room,
office, "other safe place" or wherever an adult is available
to supervise him. If [Student] needs to walk briskly to relieve
acute stress an identified adult will keep [Student] in eye sight,
not block him, touch him, threaten or intimidate him, and/or yell
and chase him. If [Student] chooses or staff is made aware any
fashion that he needs to leave the building, [Mother] will be
personally notified if he leaves school grounds. If she is not
personally available to take a phone call, a message will be left
that states "[Student] has left the school grounds."
And [Mother] will call back to confirm. Jackie Strahl will also
be notified if [Mother] is not available. If neither [Mother]
nor Ms. Strahl are available the police shall be contacted.
- Pages titled "Techniques for Effective Aggression Management
at School" will be maintained in the IEP.
By agreement of the parties, payment of $900.00 will be made
to the independent evaluator already contacted by [Mother].
IT IS FURTHER ORDERED, that the [Unnamed School District] do academic skills testing
at the beginning and end of each school year, and that the results
be provided to [Mother] and that Ms. Calloway (or another District
employee acceptable to [Mother]) and [Mother] meet to discuss
the results of said testing;
IT IS FURTHER ORDERED, that a hard copy of the Individualized
Educational Program (IEP) shall be provided to [Mother] by January
30, 1998;
IT IS FURTHER ORDERED, that the due process hearing request of
November 13, 1997, amended December 1, 1997, is DISMISSED, WITH
PREJUDICE.
A copy of this Order has been provided to both parties and they
have reviewed its contents.
Dated at Madison, Wisconsin on January 13, 1998.
STATE OF WISCONSIN
DIVISION OF HEARINGS AND APPEALS
5005 University Avenue, Suite 201
Madison, Wisconsin 53705
Telephone: (608) 266-7709
FAX: (608) 267-2744
By:________________________________
JEFFREY D. BOLDT
ADMINISTRATIVE LAW JUDGE
Notice of Appeal
APPPEAL 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 sec. 115.81 (8), Wis. Stats., or to federal district court
pursuant to 20 USC 1415 and 34 CFR 300.511.
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