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IDEA Complaint Decision 11-050

On November 28, 2011, the Department of Public Instruction (DPI) received a complaint under state and federal special education law from XXXXX against the Racine Unified School District. This is the department’s decision regarding that complaint. The issues are whether the district, during the 2011-12 school year, properly implemented the student’s individualized education program (IEP) and properly followed special education disciplinary procedures.

The complaint states the student was removed for disciplinary reasons from art class, music class, and technology education class, and during this time specified IEP services were not implemented and special education disciplinary safeguards were not followed. The student served a lunch detention on October 25, 2011, and a partial day in-school suspension on November 1, 2011. The student was not removed from art class, music class, and technology education class as alleged in the complaint and the student’s IEP was implemented. The district properly implemented the student’s IEP and properly followed special education disciplinary procedures.

This concludes our review of this complaint which, we are closing. You may contact Paul Sherman, Special Education Team, at (608) 267-9157 if you have any questions about this decision or for technical assistance.

//signed CST 1/26/2012
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

Dec/pas