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IDEA Complaint Decision 11-036

On September 21, 2011, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Dover #1 School District. This is the department’s decision regarding that complaint. The issue is whether the district, during the 2010-11 school year, properly responded to a pupil record request.

A parent has the right to inspect and review pupil records, and a school district must comply with a pupil record request without unnecessary delay and before any meeting regarding an individualized education program (IEP), and in no case more than 45 days after the request has been made.

The parent’s four children attended the Dover #1 school district during the 2010-11 school year. The parent states that in May 2011 he made a verbal request for his children’s pupil records. However, there is no evidence of the district ever receiving this request. In September 2011, the parent visited the Dover #1 school district and made a verbal pupil record request. At that time, the children were already enrolled in another district and the records had been transferred. The Dover #1 school district, however, did make available those records where copies were still maintained by the school district. The district properly responded to the pupil record request.

This concludes our review of this complaint, which we are closing. You may contact Patricia Williams from the Special Education Team at (608) 267-3720 if you have any questions about this decision or for technical assistance.

//signed CST 11/18/2011
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy