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IDEA Complaint Decision 11-054

On December 21, 2011, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the New Richmond School District. This is the department’s decision regarding that complaint. The issue is whether the district, beginning December 21, 2010, properly implemented the student’s individualized education program (IEP).

A school district must provide free appropriate public education (FAPE) to each student with a disability by developing a program that meets the student’s unique needs and implementing the services articulated in the IEP. On November 23, 2010, the IEP team met and developed the student’s annual IEP which would be in effect for the student’s junior year and the beginning of his senior year. The transition services listed included instruction, community experiences, employment, related services, and daily living to be provided to the student throughout his high school experience and prior to graduation. Each transition service listed a responsible party and a timeframe by which it would occur. The transition services were provided within the required time frames.

On October 24, 2011, the IEP team met, determined the student continued to be eligible for special education, and developed the student’s annual IEP which would be in effect for the student’s senior year. The student’s transition services were updated and all services include a district staff member responsible for ensuring that service is provided before the student graduates. The district is currently providing three out of the four transition services. The fourth transition service is to “create contact with local job center” prior to the student’s graduation. Because the student has not yet graduated, the district was not required to have provided this service by the date of this decision. The IEPs in effect beginning December 21, 2010, were properly implemented.

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

//signed CST 2/16/2012
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy