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IDEA Complaint Decision 06-054

On November 10, 2006, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against Milwaukee Public Schools (MPS). This is the department’s decision regarding that complaint. The issue is whether the district, at the beginning of the 2006-2007 school year, had a properly developed individualized education program (IEP) in effect for a student.

On May 25, the student transferred from another district and started attending an MPS school. On May 31, 2006, the student’s cumulative education record, including the student’s IEP, was received at the student’s MPS school and filed in the school’s central file. On or about May 31, 2006, the special services supervisor reviewed the student’s IEP and arranged to have it immediately implemented. The IEP was effective until October 25, 2006.

On September 1, 2006, the student returned to his assigned school. An IEP team meeting to develop an annual IEP for the student was not conducted until November 2, 2006, nine days past the due date. On November 2, the IEP team addressed the need for compensatory services for the days the student did not have a current IEP. Within 30 days of receiving this decision, the district must submit to the department a copy of the monitoring system established by the special education supervisor to ensure that in this school all students with a disability have a current IEP.

This concludes our review of this complaint.

//signed 1/9/07
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy