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IDEA Complaint Decision 09-042

On June 2, 2009, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Wisconsin Department of Corrections (WDOC). This is the department’s decision regarding that complaint. The issue is whether WDOC, during the 2008-2009 school year, properly documented an individualized education program (IEP) team decision regarding professional counseling services.

An IEP team meeting was held on February 19, 2009 for the purpose of determining eligibility and developing an IEP. The IEP team determined the student was eligible for emotional behavior disability and needed special education.

The complainant alleges the IEP team did not properly document the determination regarding counseling services. The IEP provides for “counseling” under related services with the frequency and amount of one 45-minute session a week. The student has been receiving counseling services from a clinical psychologist associated with WDOC. There is no requirement to list who actually provides the special education and related services. WDOC properly documented an IEP team decision regarding counseling services.

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

//signed CST 7/21/09
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy