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IDEA Complaint Decision 13-021

On April 22, 2013, the Department of Public Instruction (DPI) received a complaint under state and federal special education law from XXXXX against the Westby Area School District. This is the department’s decision regarding that complaint. The issue is whether the district, during the 2012-13 school year, provided a copy of a student’s individualized education program (IEP) to the parents in a timely manner before implementing a revised IEP.

Parents must receive a copy of their student’s IEP, including written notice of placement, a reasonable time prior to implementation. The IEP team reviewed and revised the student’s IEP on March 6, 2013. The district began implementing the IEP on March 23, 2013. Following the revision of the student’s IEP on March 6, and prior to its implementation on March 23, the student’s parents were not provided a copy of their student’s IEP. The district has since provided the parents with a copy of the IEP and notice of placement. The district also reviewed and revised its procedures to ensure that parents are timely provided copies of the IEP and placement notice. The department will conduct a review of current records to verify the district is implementing their revised procedures and is now in compliance.

This concludes our review of this complaint.

//signed CST 6/13/2013
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support