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IDEA Complaint Decision 05-014

On February 21, 2005, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Grantsburg School District. This is the department's decision regarding that complaint. The issues are whether the district, during the 2004-2005 school year, properly responded to a guardian's request for an aide and transportation, and properly determined that the student would attend school on a reduced schedule.

On February 2, 2005, the student's guardian requested that the student receive assistance from a one-to-one aide. The IEP team did not make a decision regarding this request until April 20, 2005. Some, but not all, of the delay was due to the guardian leaving a meeting prematurely, and because some IEP team participants believed that more information was necessary. No child specific corrective action is required because a decision was ultimately reached, and given the uniqueness of the situation, no other type of corrective action is warranted.

The complainant further states that she had to provide transportation for the student. On February 25, 2005, the district began providing transportation to the student. The district has not provided the department with any information demonstrating that it was relieved of a obligation to transport the student prior to February 25, 2005. The district is directed to reimburse the guardian for the transportation costs she incurred during the 2004-2005 school year, prior to February 25, 2005.

Finally, the district followed proper procedures when it maintained the student's reduced schedule until January 25, 2005. The IEP team considered child specific information, including the child's individualized needs and present level information in making this determination. However, the student's January 20, 2005, IEP does not reflect the student's current full-time schedule, and the district has agreed to conduct an IEP team meeting to change the IEP accordingly.

This concludes our review of this complaint.

//signed 5/3/05
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy