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IDEA Complaint Decision 10-059

On August 31, 2010, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Madison Metropolitan School District. This is the department’s decision regarding that complaint. The issue is whether the district, during the 2009-2010 school year, properly determined the student was no longer eligible for special education.

On March 15, 2010, the district notified the student’s parents of the intent to conduct a three-year reevaluation of the student. On March 25, 2010, an individualized education program (IEP) team meeting was held to review existing data and determine if additional testing was needed. Both parents participated in the meeting to review existing data. Informed parental consent was received to conduct additional assessments.

On April 10, 2010, an IEP team meeting was held to determine the student’s continued eligibility for special education. One of the student’s parents participated in the meeting. The IEP team reviewed existing and new assessment information in all areas related to the suspected disability and considered information provided by the parents. In making its decision, the IEP team considered the impairments of autism and speech and language. The IEP team determined the student no longer met eligibility criteria as a student with a disability because the student no longer displayed significant delays in communication, social-emotional, sensory, or cognitive performance. The student had made significant progress since last evaluated, and was successfully participating in the general education curriculum and environment with non disabled peers. The IEP team’s decision was properly documented its evaluation report. A copy of the IEP team evaluation report was provided to the student’s parents following the meeting. The district properly determined the student was no longer eligible for special education.

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

//signed CST/SJP 10/6/10
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy