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IDEA Complaint Decision 09-065

On September 22, 2009, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Prairie du Chien School District. This is the department’s decision regarding that complaint. The issues are whether the district, during the 2008-2009 school year, utilized improper restraint and seclusion procedures and properly implemented the student’s individualized education program (IEP) with respect to positive behavior supports and interventions.

During the 2008-2009 school year, the district acknowledges both restraint and seclusion were used with the student. Neither the use of restraint nor seclusion was addressed in the student’s IEP. A log or report of each incident was not maintained, and staff who utilized restraint had not received training on crisis interventions, including the use of restraint techniques. The room used for seclusion allows for constant visibility of the student.

The district has taken steps to address these issues. The district is utilizing positive interventions in the classroom, and a behavioral intervention plan has been implemented, which appears to be effective. During the fall of 2009, restraint has not been used with the student. The student has been placed in seclusion three times because of physically aggressive behavior, and for no longer than 10 minutes. The district must ensure constant adult supervision is maintained. The district is in the process of developing a logging system and having staff trained on crisis interventions, including restraint techniques. The district must also work with the department to schedule training by department staff on the department’s Directives for the Appropriate Use of Seclusion and Restraint in Special Education Programs. In addition, the district must conduct an IEP team meeting to address the use of restraint and seclusion in the student’s IEP. Within 30 days from the date of the decision, the district must submit to the department a copy of the revised IEP, and documentation confirming the establishment of a logging system and completion of crisis intervention training.

All noncompliance identified above must be corrected as soon as possible, but in no case more than one year from the date of this decision. This concludes our review of this complaint.

//signed CST 11/13/09
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy