The PARTIES to this proceeding are:

A telephone conference was held in this matter on December 22, 1999 in which the above parties participated. Based upon the motions and requests filed by counsel in this action and discussion of the issues at the telephone conference, the following memorandum and decision is hereby issued. The undersigned in is receipt of two requests for an interim order as to the above-entitled matter.

MEMORANDUM DECISION AND ORDER

I. SCHOOL RECORDS. In correspondence dated December 17, 1999, Attorney Patricia Engel, on behalf of the student advises that she has not received a full set of educational records regarding the student. Specifically identified were IEPs for 6^th, 7^th, and 8^th grades in school.

Parent counsel states that both verbal and written requests were made to District Counsel on November 23, 1999 and November 30, 1999. Even though some of the specifically identified records may have been released to the parents, there is a well-defined procedure and protocol for student records. This is outlined in DPI Bulletin 98.02 (January 1998). It specifies to whom and under what circumstances various pupil records can be obtained. This policy requires Districts to maintain records for each student. These procedures shall be followed carefully to this and all students. Parents’ counsel has informed the Administrative Law Judge and opposing counsel that a consent for release of these records signed by the parents is currently on file.

II. LIMITATION OF ACTION. Counsel for the District moves the Administrative Law Judge for a dismissal of some of the issues raised in the parents’ request for Due Process; most specifically, for educational services provided to the student in 1995-1996, 1996-1997, and 1997-1998 school year. She argues that the due process request for these services is untimely and barred by Sec. 115.81(1)(a)(1), Wis. Stats., which mandates a one year time period in which due process requests can be filled. The undersigned agrees that this provision must be strictly enforced. Parents also have a duty to monitor the quality of services provided to a student.

III. EDUCATIONAL AIDE. The undersigned ordered in a pre-hearing memorandum dated December 8, 1999 that parents’ attorney identify all issues in writing that are part of the due process request. Issues that were resolved were to be so identified, as well as issues that remain contested. Attorney for the student did respond by FAX on December 9, 1999. She indicated that the issue regarding aide training was to be withdrawn. Counsel for the District moves for an order dismissing this issue.

IV. SCHOOL YEAR 1998-1999. The Counsel for District asks for a dismissal of the due process request for 1998-1999 school year as untimely. Section 115.81(1)(a)(1), Wis. Stats, allows for a challenge within one year of the request date. The parents filed the request on October 8, 1999. Challenges to the educational services within one year from this date would include both the 1998-1999 and the 1999-2000 school years. This school year is considered timely for the hearing. Common law doctrines of laches, waiver and estoppel (raised by the District in its motion) do not apply due to the existence of the above statute outlining limitations of actions.

ORDER

It is hereby ordered as follows:

1. That attorney for the school district shall FAX to parent attorney IEP’s from 6^th, 7^th, and 8^th grade for the above named student by December 26, 1999 at noon. All other educational records pertaining to the above named student shall be delivered or FAXed to parent attorney by December 28, 1999 at noon.
   
2. That challenges to educational issues which were a part of the 1995-1996, 1996-1997, 1997-1998 school year, including services outlined in the Settlement Agreement of 1995, are untimely and are hereby dismissed with prejudice.
   
3. That based upon correspondences of December 9, 1999 from parent counsel and December 17, 1999 from District counsel, the due process request concerning aide training is dismissed.
   
4. That the motion to dismiss the FAPE challenges for the 1998-1999 school year is denied.

Dated at Milwaukee, Wisconsin on January 3, 2000.