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IDEA Complaint Decision 07-064

On September 10, 2007, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Kenosha Unified School District. This is the department’s decision regarding that complaint. The issues are whether the district improperly disclosed information from a student record and properly implemented a student’s individualized education program (IEP) regarding the use of a special chair.

Federal regulations specify that special education complaints filed with a state agency must allege a violation that occurred not more than one year prior to the date the complaint is received. In this case, the allegations regarding improper discussion of information from a student record concern the 2005-2006 school year, and the department will not address this issue.

With regard to the other issue, the student transferred to another school within the district in November 2006. The complaint alleges that prior to that time, during the beginning of the 2006-2007 school year, the student was held in a chair. There is no evidence to support this allegation. The chair did not have a belt and there was no device or other method used that restricted the student to the chair. The student participated in the classroom activities, as described by the student’s IEP.

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

//signed CST 11/9/07
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy