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IDEA Complaint Decision 04-032

On August 2, 2004, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the School District of Flambeau. This is the department's decision regarding that complaint. The issue is whether the district, during the 2003-2004 school year, included in the individualized education program (IEP) of a child with a disability proper statements of the child's present levels of educational performance and annual goals related to math and the amounts of special education and supplementary aids and services to be provided to the child to advance appropriately toward attaining the annual goals.

During the 2003-2004 school year, IEP teams met in November and April to review and revise the youth's IEP. The present levels of educational performance are the same for both IEPs. They describe the student's educational needs in several areas, including for math. They indicate that the student passed all first-quarter classes. The IEP developed in April indicates that the student began attending a functional math class where his performance improved. The IEPs include a description of the parent's concerns for her child's education, including for math. The annual math goal was modified in response to the parent concern. The present level of performance for math identifies how the student's disability affects involvement in the general education math curriculum and includes baseline information corresponding to the annual math goal statement. The annual math goal statement is measurable and includes short-term objectives which break the goal into discrete intermediate steps for carrying out math computations. The goal relates to meeting the student's disability-related needs to enable involvement and progress in the general curriculum.

The IEPs provide that the student will receive special education instruction in the special education resource room for math and one other subject two periods each day and may go to the special education room an additional period for extra assistance. Both IEPs include supplemental aids and services requiring additional time for tests and assignments, oral presentation of material; and the April IEP requires reduced stimulation. The district developed proper present levels of educational performance and annual goals statements related to math and amounts of special education and supplementary aids and services to be provided.

This concludes our review of this complaint, which we are closing.

//signed CST 10/1/04
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy