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IDEA Complaint Decision 05-045

On October 7, 2005, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Oshkosh Area 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) on October 5, 2005, regarding the provision of one-to-one supervision.

The student's IEP provides that the student receive one-to-one assistance for the majority of the school day. On October 5, 2005, the student was on a walk as part of the physical education class. Accompanying the student was the teacher and three assistants. At one point, the student broke away from the group but was pulled back by one of the assistants. At all times during the walk, the student received one-to-one assistance, thus implementing the IEP provision as required.

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

//signed 12/6/05
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy