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IDEA Complaint Decision 10-062

On September 15, 2010, the Department of Public Instruction (DPI) received a complaint under state and federal special education law from XXXXX against the Milwaukee Public Schools. This is the department’s decision regarding that complaint. The issue is whether the district, between September 15, 2009, and September 15, 2010, properly conducted a timely reevaluation.

A local educational agency (LEA) must ensure a reevaluation of each child with a disability is conducted if the LEA determines that the educational or related services needs, including improved academic achievement and functional performance, warrant a reevaluation, or if the child’s parent or teacher requests a reevaluation. Within 15 business days of receiving a referral to evaluate a child, or initiating a reevaluation, the individualized education program (IEP) team must complete its review of existing evaluation data and send the child’s parents a request for consent to evaluate, or, if no additional data are necessary, notify the parents of that determination. The LEA must obtain informed parental consent prior to conducting any reevaluation of a child with a disability, except that such consent need not be obtained if the LEA demonstrates reasonable efforts were made to obtain consent, and the child’s parent failed to respond. Within 60 calendar days of receiving parental consent to evaluate, or informing parents no additional assessment or evaluation data are needed, the LEA must complete its evaluation of the child and determine whether the child is, or continues to be, a child with a disability.

The reevaluation was initiated on August 23, 2010. The IEP team members, including the parent, reviewed existing data and determined additional assessments were required. On September 8, 2010, the district sent the parent the form requesting written consent to conduct the testing. On September 13, 15, and 20, the LEA made three different attempts to obtain the written consent, but the parent failed to respond. The LEA demonstrated reasonable efforts. On October 4, 2010, the district conducted an IEP team to determine continuing eligibility, and the IEP team determined the child continued to be a child with a disability. Between September 15, 2009, and September 15, 2010, the district properly conducted a timely reevaluation.

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

//signed CST 11/10/10
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy