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IDEA Complaint Decision 04-041

On September 24, 2004, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Racine Unified School District. This is the department's decision regarding that complaint. The issue is whether the district, during the 2004-2005 school year, provided required special education services to a child with a disability utilizing properly licensed teaching staff.

The child's June 7, 2004, IEP requires daily special education instructional services in reading and language arts and support in subjects with high reading content such as social studies, science, health, and physical education. In addition, supplementary aids and services are to be provided each class period five days per week in the regular education classrooms and monthly program support consultation with special education staff. The district had been unable to find a learning disability (LD) teacher to fill a position in the student's school. The district acknowledges that all not special education services were provided by licensed special education staff between the beginning of school and October 14 when a licensed LD teacher was hired and began teaching.

The district has agreed to reconvene the IEP team meeting to determine whether additional services are needed for the delay in providing services to this student. The district also will review the IEPs for all the LD teacher's students to determine if any other students require an IEP team meeting to determine if additional services are needed for the delay in providing services. The district will hold IEP team meetings to revise the IEPs of other children with disabilities affected at the school to reflect needed additional services. The district will send the department evidence that it has completed these activities by January 14, 2005.

This concludes our review of this complaint.

//signed CST 11/22/04
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy