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IDEA Complaint Decision 10-037

On May 24, 2010, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the School District of Cudahy. This is the department’s decision regarding that complaint. The issue is whether the district, during the 2009-2010 school year, properly considered positive behavioral interventions, strategies, and supports to address behavior impeding learning.

The student has difficulties maintaining attention and personal space boundaries and can become physically aggressive toward other students. The student’s IEP team identified behavior as a factor impeding learning and developed positive behavioral interventions, strategies, and supports. The student’s individualized education program (IEP) also includes annual goals to address behavior, which she made progress on during the 2009-2010 school year.

The student’s teachers implemented the positive behavioral interventions, strategies, and supports required by the IEP, including use of verbal praise, redirection, communication of explicit instructions, and rewards. The student’s teacher stated she gives the student verbal praise and tries to be clear and concise when directing the student. Staff members also use picture cues and prompts to redirect the student and keep her on task when needed. The student is able to earn computer time and stickers as rewards for positive behavior. Although the parent is concerned the student sits at a desk instead of a table, and stands by the door with the teacher instead of in line, these methods are used to assist the student in maintaining appropriate boundaries. The district properly considered and implemented positive behavioral interventions, strategies, and supports to address the student’s behavior.

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

//signed CST 7/13/10
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy