IDEA Complaint Decision 08-077

On September 8, 2008, the Department of Public Instruction received a complaint under state and federal special education law from xxxxx against Hamilton School District. This is the department’s decision regarding that complaint. The issue is whether the district, during September 2008, provided transportation consistent with a child’s individualized education program (IEP).

The student’s IEP for the 2007-2008 school year provides for daily transportation to and from school. The student attends the Hamilton School District through the open enrollment program, and the Hamilton School District made arrangements with the resident school district to provide the transportation. However, the resident school district inadvertently omitted the student from the busing schedule, and failed to provide the student transportation for the first three days of the school year. The parent, consequently, transported the student during this time. The resident district remedied the problem and began providing transportation on the fourth day, and reimbursed the parent for the transportation costs incurred. No further corrective action is required.

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

//signed CST 11/3/08
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

Dec/pmw