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IDEA Complaint Decision 09-064

On September 16, 2009, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Appleton Area School District. This is the department’s decision regarding that complaint. The issue is whether the district, in August 2009, properly documented an individualized education program (IEP) team decision to provide the student with an assistant during transportation.

The student transferred to the Appleton Area School District for the 2009-10 school year. At an IEP team meeting on August 27, 2009, the IEP team discussed, among other things, the student’s transportation needs and decided services comparable to those specified in the student’s previous IEP would be provided until the team reconvened in September and developed a new IEP for the student. The district did not produce any documentation related to this meeting. On September 28, 2009, the IEP team reconvened. The IEP developed at the meeting indicates the student would receive transportation between home and school, would receive adult supervision during transportation, and transportation personnel would be provided with current strategies for positive behavior management and communication.

The district failed to properly document the IEP team meeting on August 27, 2009. This noncompliance was corrected when the district properly documented the IEP team’s decision to provide the student with an assistant during transportation in the September 28, 2009 IEP. Within 30 days, the district must submit a corrective action plan to ensure it properly documents future IEP team decisions.

This concludes our review of this complaint.

//signed CST 11/12/09
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy