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IDEA Complaint Decision 06-006

On February 7, 2006, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Eau Claire Area School District. This is the department’s decision regarding that complaint. The issues are whether the district, during the 2005-2006 school year, properly determined and implemented the services to be provided to a student with a disability regarding self-care skills in dressing and toileting; and in January 2006 properly determined the location where the student’s individualized education program (IEP) would be implemented.

The student’s IEP, which was developed on June 2, 2005, does not identify any needed services regarding self-care skills. The student demonstrated independent self-care skills and consequently, the IEP team did not identify any needed services or assistance in this area. Furthermore, this issue was not raised by the parents during the IEP team meetings. However, if the parents believe that this continues to be an issue, the district will consider this issue through the IEP team process.

The district properly determined the location where the student’s IEP would be implemented. At the June 2 meeting, the IEP team determined placement based on the child’s individualized education program. In doing so, the IEP team considered child-specific information, including input from the parents. The IEP team determined that the appropriate placement for the student was in an early childhood program that could provide a total communication, language-rich environment, which included positive language and behavior peer models. At this meeting, the parents agreed with the placement determination. However, at a January 17, 2006, IEP team meeting, the parents requested a change in placement. The IEP team considered the parents’ concerns but again determined that the particular early childhood program that he was currently attending was the most appropriate for the student, and the district provided proper notice to the parents regarding denial of the request.

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

//signed CST 4/10/06
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy