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IDEA Complaint Decision 12-039

On August 17, 2012, the Department of Public Instruction (DPI) received a complaint under state and federal special education law from XXXXX against the Merton Community School District. This is the department’s decision regarding that complaint. The issue is whether the district properly responded to a parent’s request for additional assessments on August 29, 2011.

In a letter dated July 18, 2011, the parent requested an educational assessment be completed prior to the start of the 2011-12 school year and within one week of the end of the first and second quarters. On August 8, 2011, the district contacted the parent, requesting clarification about the request. On August 23, the parent responded, sharing concerns about the district’s ability to provide the student with a free appropriate public education (FAPE) and the request for assessment was to establish a present level of performance and to ensure adequate progress was made toward IEP goals.

When a parent requests an assessment, the district must either grant the parent’s request or notify the parent of its refusal and provide a reason for the decision. On August 26, 2011, the district sent the parent a Notice of Response to an Activity Requested by a Parent. The notice specified the district was refusing the request because the IEP team did not believe any further assessment was necessary to determine the student’s present level of performance and the most recent IEP developed on July 18, 2011, included a “comprehensive system of progress monitoring” to ensure the student’s progress on goals was “consistently measured and recorded.” The district appropriately responded to the parent’s request.

This concludes our review of this complaint, which we are closing. You may contact Paula Volpiansky, Special Education Team, at (608) 267-3725 if you have questions about this decision or for technical assistance.

//signed CST 9/26/2012
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support