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IDEA Complaint Decision 06-051

On October 26, 2006, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the School for Early Development and Achievement (SEDA). This is the department’s decision for that complaint. The issue is whether SEDA, which is the local educational agency (LEA), during the 2006-2007 school year properly implemented individualized education programs (IEPs) for seven students with disabilities.

An LEA must ensure that all services specified in a child’s IEP are provided. The complainant and SEDA agree that speech and language therapy, occupational therapy, and physical therapy services all were provided. SEDA acknowledges that special education instructional services were not provided for the seven children between August 28 and December 4, 2006. The SEDA administration and special services team acknowledge that the school was understaffed due to staff resignations and the refusal of a certified special education teacher to provide services to the seven students. The special education coordinator and other staff continued to schedule and conduct IEP team meetings. On December 4, the special education coordinator, a certified special education teacher, started providing special education services to the seven students.

SEDA has agreed to conduct IEP team meetings to determine additional services to be provided to compensate for the delay in services for the seven students and any other students with disabilities affected by the temporary staffing shortage. SEDA will send the department evidence that it has completed these activities by February 1, 2007.

This concludes our review of this complaint.

//signed 12/19/06
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy