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IDEA Complaint Decision 12-017

On April 5, 2012, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Black River Falls 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 changed the student’s placement.

The complaint alleges that regular education teachers did not implement the supplemental aids and services provided for in the student’s IEP. Each teacher must be informed of his or her specific responsibilities related to implementing the student’s IEP. The district informs teachers of their responsibility by providing written information about the required aids and services for each student. The district also makes available a copy of the student’s IEP. In addition, regular and special education staff meet on a regular basis to discuss concerns, progress, and supports for special education students.

In this case, all of the student’s teachers received written information about the required supplemental aids and services, and implemented them accordingly. The student went to a resource room for assistance with class assignments. Extra time was provided on tests, tests were read aloud, and multiple choice options were limited. Assignments were modified, and seating near the teacher was provided. The student did not pass one class because tests and assignments were not completed and submitted, and there was limited class participation.

The student’s placement was also properly changed. Changes in placement must be made through an IEP team meeting. On March 2, 2012, the IEP team met and determined that, for one period, the student would receive instruction in a special education classroom rather than in a general education classroom. This change was prompted due to concerns of the parent, and was properly made. On a few occasions, when the student became disruptive in class, the student was sent to the principal’s office or another area to regain control. Sometimes this would be for only five to ten minutes, and sometimes it might be until the end of the class period. However, even if these removals are considered disciplinary removals, they did not exceed 10 school days, and they did not constitute a change of placement.

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

//signed CST 6/4/2012
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support