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IDEA Complaint Decision 05-011

On February 23, 2005, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Madison Metropolitan School District. This is the department's decision regarding that complaint. The issue is whether the district implemented a student's individualized education program (IEP) in December 2004 regarding touching the student.

The parent alleges the special education assistant did not implement her child's current IEP for interventions, accommodations, and strategies. The special education assistant attempted to remove the child from the classroom by touching his arm. The May 30, 2004, IEP indicates in the Present Level of Educational Performance (PLEOP), page 3, "He is EXTREMELY SENSITIVE TO TOUCH," and "When XX is in a heightened state of arousal it is very important to not touch him." In addition, the Behavior Intervention Plan (BIP) states possible antecedents, description of interfering behavior including "avoid touching."

In this case, the special education assistant by using touch to direct the student's activity, did not correctly implement the child's IEP. The district must submit a corrective action plan (CAP) within 30 days to ensure the special education assistant staff members are knowledgeable and able to apply the appropriate interventions, accommodations and strategies as stated in a student's IEP.

This concludes our review of this complaint.

//signed CST/SJP 4/20/05
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy