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IDEA Complaint Decision 11-016

On March 10, 2011, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Fox Point-Bayside School District. This is the department’s decision regarding that complaint. The issue is whether the district, during the 2010-11 school year, properly implemented the student’s individualized education program (IEP) in the student’s computer class.

An IEP team meeting was held on January 12, 2011, for the purpose of reviewing/revising the IEP and determining placement. The IEP developed listed 15 supplementary aids and services, and the location designated was the regular education classroom. The parent alleges supplementary aids and services were not implemented during computer class. In interviews with district staff, it was evident the district was familiar with the contents of the IEP related to supplementary aids and services. District staff stated only four of the 15 supplementary aids and services were to be implemented within the computer class. The IEP, however, does not provide this distinction, and consequently does not provide sufficient clarity for implementation of the IEP.

On or before May 27, 2011, the district is directed to schedule and conduct an IEP team meeting to revise the student’s IEP to ensure supplementary aids and services include the specific locations of those services when the services do not apply to all regular education settings. On or before June 10, 2011, the district will submit a complete copy of the revised IEP to the department.

In addition, within 15 days of the date of this decision, the district must submit a proposed corrective action plan (CAP) to the department for approval prior to implementation. The CAP must ensure special education staff understands supplementary aids and services require clear statements of the location of those services.

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 5/9/11
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy