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IDEA Complaint Decision 07-082

On November 9, 2007, the Department of Public Instruction (DPI) received a complaint under state and federal special education law from XXXXX against the West Bend Joint School District No. 1. This is the department’s decision regarding that complaint. The issue is whether the district, during the 2007-2008 school year, properly provided special education services to a student with a disability during his court-ordered placement in juvenile detention located in the district.

The parent alleges the district did not properly provide special education services to his child while the youth resided at the Washington County Juvenile Detention Center (JDC) located in the West Bend Joint School District No. 1. Since October 15, the youth continues to reside at the Washington County JDC. Based on phone interviews and documentation submitted to the department from the West Bend district (receiving district), the Cedarburg district (sending district) special education teacher and the West Bend special education employee spoke via phone on October 22 regarding the student’s current individualized education program (IEP) goals and objectives and supplemental aids and supports to be implemented at the JDC. Beginning on October 22, the receiving district provided special education services that approximated the sending district’s IEP, with the exception of transportation and timeout due to the nature of the JDC setting. On December 3, the receiving district requested a copy of the student’s current IEP from the sending district and received it via fax the same day.

While the receiving district provided special education services that approximated the sending district’s IEP beginning on October 22, it did not conduct an IEP team meeting to discuss how to meet the student’s needs in the court ordered placement within a reasonable amount of time after the student was placed in the JDC. The receiving district also did not request the student’s education records until December 3, 2007.

The receiving district did not follow the proper procedures for students who transfer into their district from another Wisconsin district. Within 30 days of receiving this decision, the West Bend Joint School District No.1 must submit to the department a corrective action plan to ensure when a student is placed in the Washington County JDC the district follows proper procedures for students transferring into the district.

This concludes our review of this complaint.

//signed CST/SJP 1/8/08
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy