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IDEA Complaint Decision 06-055

On November 20, 2006, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the School District of Elmwood. This is the department’s decision regarding that complaint. The issue is whether the district implemented a student’s individualized education program (IEP) during the period November 16, 2005, to October 25, 2006, regarding using self-advocacy in the general education classroom.

An IEP team meeting was held on November 9, 2005, for the purpose of reviewing the IEP, developing a transition statement, and determining placement. The parent alleges that the IEP goal regarding self-advocacy was not implemented during the 2005-2006 school year. The goal states that the student "will use his self-advocacy skills within the general education classroom so he can maintain passing grades 100%” of the time." Interviews with general education teachers indicate that the student is doing passing work in the regular education classes, seeks assistance from the teachers when he needs it, completes and turns in assignments on time, and utilizes the special education resource room when he needs assistance in completing tests.

The student’s three year evaluation meeting was held on October 25, 2006. At that meeting, the IEP team determined that the student’s needs can be met through regular education teachers in the regular education environment and the student no longer requires special education services. The district properly implemented the student’s IEP during the period November 16, 2005, to October 25, 2006.

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

//signed 1/18/07
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy