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IDEA Complaint Decision 08-055

On June 6, 2008, the Department of Public Instruction (DPI) received a complaint under state and federal special education law from XXXXX against the School District of Beloit. The issue is whether the district, during the 2007-2008 school year, properly changed the student’s individualized education program (IEP) and placement.

On April 1, 2008, the IEP team met to review and revise the student’s IEP. This IEP included special education instruction in science, social studies, mathematics, and language arts and regular educational placement for all other academic instruction.

In April 2008, the student was involved in a physical altercation in the hallway with another student. The other student was enrolled in one of the student’s general education classes. Following the altercation, the student refused to attend the class where the other student was present. The student went to school administration and it was decided that the student’s special education teacher would keep the student in a special education classroom for the one-hour class period during the remaining two months of the school year. During this time the special education teacher walked the student to the general education class, the student would pick up his assignments, and the student completed the assignments in the special education classroom. The parent claims that she was informed of the changes to the student’s schedule three weeks later on June 2nd, when the student told the parent that he was no longer attending the regular education class.

The district acknowledges that the IEP team did not determine the change in the student’s IEP and placement. There is also no evidence the parent was informed of the change. The department concludes that the district did not follow proper special education procedures regarding the changes to the student’s IEP and placement.

Within 30 days from the date of this decision, the district must submit a corrective action plan (CAP) to the department to ensure changes in IEPs and placements are determined through the required processes.

This concludes our review of this complaint.

//signed CST 7/24/08
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy