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IDEA Complaint Decision 04-039

On September 20, 2004, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Two Rivers Public School District. This is the department's decision regarding that complaint. The issue is whether the district, at the beginning of the 2004-2005 school year, provided the amount of special education instruction and participation in the regular education environment to a child with a disability required in the student's individualized education program (IEP).

The district acknowledges the student's schedule was not in place when the school year commenced, and that a finalized schedule was not in place until eight school days later. During this time, provisions of the student's IEP were not followed. The district has already addressed this issue with pertinent staff and has agreed to address this issue with all special education teachers at a department meeting. At the next IEP meeting for this student, the IEP team will also determine whether additional services are required because of the delay in implementing the IEP. The district will provide the department with documentation that these corrective actions have been completed.

This concludes our review of this complaint.

//signed 10/14/04
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy