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IDEA Complaint Decision 10-019

On March 10, 2010, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the South Milwaukee School District. This is the department’s decision regarding that complaint. The issue is whether the district properly provided notice of who would be in attendance at a March 2010 individualized education program (IEP) team meeting.

Prior to an IEP team meeting, districts must provide notice to the parent of who will be in attendance. On March 4, 2010, the district conducted an IEP team meeting but failed to notify the parent that the special education director and the program support teacher would be in attendance. The district must, within 30 days from the date of this decision, develop a corrective action plan to ensure parents are provided proper notice of who will attend an IEP team meeting.

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/SJP 4/20/10
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy