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IDEA Complaint Decision 07-080

On October 24, 2007, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Mauston School District. This is the department’s decision regarding that complaint. The issue is whether the district, during the 2007-2008 school year, properly responded to a parent’s request for an individualized education program (IEP) team meeting for her child.

The parent alleges the district did not respond to her request for an IEP team meeting for her child in a timely manner. On August 28 and October 12, 2007, a facilitated IEP team meeting was held to review and revise the child’s IEP, and the parent and child attended. On October 13, the child was not allowed to participate in a district-sponsored weekend event and the parent was not notified prior to the event. The parent states she contacted the CESA 5 assistant special education director to request an IEP team meeting on October 15 to address her child’s behaviors that led to the denial of her child to participate in a weekend district-sponsored event and to develop a plan for addressing these behaviors. The parent indicated she did not receive a response from the district.

The assistant special education director stated she did not receive a request from the parent for an IEP team meeting on October 15 or any time after the incident. However, on October 17, a phone conference was held with the director, the parent, an advocate, and an outside counseling agency. The director also met face-to-face with the parent on October 17 and 18. From these meetings an emergency team response plan for the student was developed with parent input. Documents submitted to the department from the district indicate the assistant special education director has met with the parent on a regular weekly basis for 60 to 90 minutes since the beginning of the school year to address the student’s school program and to discuss new concerns. The director continues to meet face-to-face with the parent on a weekly basis and to communicate via multiple phone and email contacts. A facilitated IEP team meeting is scheduled for January 14, 2008. The district properly responded to the parent regarding a request for an IEP team meeting in a timely manner.

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

//signed CST/SJP 12/17/07
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy