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IDEA Complaint Decision 07-057

On August 13, 2007, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the School District of Superior. This is the department’s decision regarding that complaint. The issue is whether the district, during the summer of 2007, provided required extended school year (ESY) speech and language services consistent with a child’s individualized education program (IEP).

The March 9, 2007, IEP states the child will receive ESY for speech and language services 240 minutes, two times a week over eight sessions. On June 18, the ESY placement began, but there was no speech/language therapist to provide the child’s services. On June 22, the special education director sent a letter to the parents of children who were to receive ESY speech and language services that they would continue to advertise for a speech/language therapist. On August 15, the special education director sent a follow-up letter to the parents, indicating the district would arrange for each child to receive compensatory services for the loss of the ESY speech and language services. During the first week of the school year, the district held IEP team meetings for each child who did not receive the ESY speech and language services. Each child’s IEP team determined the amount and frequency of the speech and language service to be compensated.

The district acknowledged it had not provided speech and language services by a licensed speech/language therapist to children with disabilities who were to receive these services through an ESY placement. The district has taken measures to ensure that all children involved will receive compensatory speech and language services. By October 24, 2007, the district must submit to the department each affected child’s IEP that indicates the beginning and ending dates and amounts of compensatory services.

This concludes our review of this complaint.

//signed CST/SJP 10/10/07
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy